This chapter contains definitions of technical and procedural terms used throughout this title. Defined terms are shown in italics in the text of the title. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Accessory use” means a use typically subordinate in size to the principal use; that would not contribute significantly to traffic generation, noise, or nuisance; and that supports the primary use operation without displacing it. An accessory use may appear as an otherwise permitted, conditional or prohibited use in the use allowances for a given zone. Accessory uses are typically located upon the same lot occupied by a principal use. Examples of accessory uses include: equipment rental (bikes or skis) at a retail bike and ski shop, a secure facility required at an airport, and boat parking at a marina. [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

Those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation, maintenance and conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conservation program. [Ord. 24-0624 § 4 (Exh. B).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Adult entertainment business” means a sexually oriented business engaging in adult entertainment, such as an adult cabaret, adult retail business or an adult panoram, as those terms are defined in KMC Title 5. [Ord. 11-0329 § 3 (Exh. 1).]

“Adult family home” means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services, or as otherwise defined in Chapter 70.128 RCW. An adult family home may provide services to up to eight adults upon approval from the Washington State Department of Social and Health Services pursuant to RCW 70.128.066. [Ord. 24-0608 § 2 (Exh. A(I)); Ord. 11-0329 § 3 (Exh. 1).]

“Affordable housing unit” means housing reserved for occupancy by eligible households and having monthly housing expenses less than or equal to 30 percent of the monthly household income described in the subsections below, adjusted for household size. (Housing expenses for ownership housing include mortgage and mortgage insurance, property taxes, property insurance, and homeowner’s dues. Housing expenses for rental housing include rent, utilities, expenses required by the landlord, and parking to the extent that the City requires the property or development to provide off-street parking.)

A. A “low-income affordable housing unit” is affordable at or below 80 percent of median income, adjusted for household size;

B. A “very low-income affordable housing unit” is affordable at or below 50 percent of median income, adjusted for household size;

C. An “extremely low-income affordable housing unit” is affordable at or below 30 percent of median income, adjusted for household size.

Pursuant to the authority of RCW 36.70A.540, the City finds that the higher income levels specified in the definition of “affordable housing” under this section, rather than those stated in the definition of “low-income households” in RCW 36.70A.540, are needed to address local housing market conditions in the City. [Ord. 23-0574 § 2 (Exh. A); Ord. 19-0481 § 2 (Exh. A).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Air transportation service” means a helipad, private landing field, or other similar facility for personal or business-related air transportation. Air transportation service does not include an airport, which is classified as a regional land use.

May include NAICS 481 (Air Transportation) and 4881 (Support Activities for Transportation). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Alteration” means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation or any other activity that changes the character of the critical area. [Ord. 11-0329 § 3 (Exh. 1).]

“Alternative transmission support structure” means structures not specifically designed or intended to support antennas and related communication equipment, but that may be used for that purpose, including clock towers, bell towers, church steeples, water towers, light poles, utility structures, elevated roadways, bridges, flagpoles, and buildings. [Ord. 16-0426 § 4 (Att. B); Ord. 11-0329 § 3 (Exh. 1). Formerly 18.20.3065.]

“Amateur (ham) radio facility” means a wireless communication facility operated for personal use and without pecuniary interest by an individual licensed by the FCC. Amateur (ham) radio facilities use small shared frequency bands assigned by the FCC. [Ord. 16-0426 § 4 (Att. B).]

“Ambulatory surgery center” means an establishment with medical staff primarily engaged in providing outpatient medical, diagnostic and surgical treatment services.

May include NAICS 621493 (Freestanding Ambulatory Surgical and Emergency Centers). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Anadromous fish” means fish that spawn and rear in freshwater and mature in the marine environment. While Pacific salmon die after their first spawning, adult char (bull trout) can live for many years, moving in and out of saltwater and spawning each year. The life history of Pacific salmon and char contains critical periods of time when these fish are more susceptible to environmental and physical damage than at other times. The life history of salmon, for example, contains the following stages: upstream migration of adults, spawning, intergravel incubation, rearing, smoltification (the time period needed for juveniles to adjust their body functions to live in the marine environment), downstream migration, and ocean rearing to adults. [Ord. 11-0329 § 3 (Exh. 1).]

“Animal kennel/shelter” means any outdoor or indoor facility which houses four or more animals (that number not including one unweaned litter) for periods longer than 24 hours as a commercial venture, as a nonprofit organization, or for a governmental purpose. The facility may either be a separate business or an accessory use. [Ord. 17-0438 § 2 (Att. A); Ord. 14-0391 § 2 (Exh. 1).]

“Small animal” means any animal other than livestock or animals considered to be predatory or wild which are kept outside a dwelling unit all or part of the time. Animals considered predatory or wild shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, or exhibition. [Ord. 11-0329 § 3 (Exh. 1).]

“Antenna” means any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio frequency signals. For purposes of Chapter 18.60 KMC, “antenna” does not include an amateur (ham) radio facility. [Ord. 16-0426 § 4 (Att. B); Ord. 11-0329 § 3 (Exh. 1).]

“Applicant” means a person who files an application for a permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a person. [Ord. 11-0329 § 3 (Exh. 1).]

“Arbor” means a shelter of vines or branches or of latticework covered with climbing shrubs or vines. [Ord. 11-0329 § 3 (Exh. 1).]

“Arcade” means a series of arches supported by columns, piers, or pillars, often attached to a wall to form a roofed passageway or gallery. [Ord. 11-0329 § 3 (Exh. 1).]

“Architectural elements” means building elements which add detail and finely scaled features to a building facade, such as belt courses, braces, brackets, brick coursing, columns, corbelled brick, cornices, frame elements, window openings, piers, plinths, and sills. [Ord. 11-0329 § 3 (Exh. 1).]

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FIRM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.” [Ord. 19-0488 § 4 (Exh. 2).]

“Articulation” means shifts in wall planes such as stepbacks, reveals, overhangs, and architectural elements and details which are used to create variations in a building facade. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Indoor arts, entertainment” means an establishment that provides facilities or services for cultural and entertainment uses inside a building. Indoor arts, entertainment includes such uses as performing arts establishments, artist studios, theaters, museums, libraries, fraternal lodges, tour operators, and arcades, but specifically excludes adult entertainment facilities.

May include NAICS 512 (Motion Picture and Sound Recording Industries), 515 (Broadcasting), and 51912 (Libraries and Archives). May include 56152 (Tour Operators) and 56159 (Other Travel Arrangement and Reservation Services). May include Sector 71 (Arts, Entertainment, and Recreation), except the following: 711211 (Sports Teams and Clubs), 711212 (Racetracks), 713110 (Amusement and Theme Parks), 7132 (Gambling Industries), and 7139 (Other Amusement and Recreation Industries). May include 8134 (Civic and Social Organizations). [Ord. 14-0391 § 2 (Exh. 1).]

“Outdoor arts, entertainment” means an establishment that provides facilities or services for cultural and entertainment uses outside of a building. Outdoor arts, entertainment includes such uses as outdoor performance facilities, public gardens, and arboretums.

May include NAICS 512 (Motion Picture and Sound Recording Industries) and 515 (Broadcasting). May include 56152 (Tour Operators). May include Sector 71 (Arts, Entertainment, and Recreation), except the following: 711211 (Sports Teams and Clubs), 711212 (Racetracks), 713110 (Amusement and Theme Parks), 7132 (Gambling Industries), and 7139 (Other Amusement and Recreation Industries). [Ord. 14-0391 § 2 (Exh. 1).]

“Assisted living” means an establishment which provides living quarters and domiciliary care to individuals who are unable to live independently due to infirmity of age or physical or mental handicap, but who do not need the skilled nursing care of a convalescent or nursing home. These facilities may consist of individual dwelling units of a barrier-free design, with separate bathroom facilities, a full kitchen or no kitchen. The facility may provide a minimal amount of supportive health care monitoring, such as assistance with medication. In addition, these facilities may have a communal dining area, recreation facilities (library, lounge, game room), laundry facilities and open space. Assisted living does not include adult family homes as defined in Chapter 70.128 RCW. [Ord. 11-0329 § 3 (Exh. 1).]

“Attached accessory dwelling unit” means an accessory dwelling unit attached to or contained within the structure of the primary dwelling. [Ord. 20-0510 § 2 (Exh. A).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Automotive sales and service, marine” means an establishment engaged in the retail sale of new or used boats, jet skis, boat trailers, or similar vehicles, or an establishment primarily engaged in repair or service of these vehicles, including washing and the sale and installation of lubricants, tires, batteries, mufflers, and similar accessories.

May include NAICS 4412 (Other Motor Vehicle Dealers), 44132 (Tire Dealers), and 8111 (Automotive Repair and Maintenance). [Ord. 14-0391 § 2 (Exh. 1).]

“Automotive sales and service, nonmarine” means an establishment engaged in the retail sale of new or used cars, trucks, truck tractors, semi-trailers, buses, mobile homes, utility trailers, RVs, motorcycles, ATVs, or similar vehicles, or an establishment primarily engaged in automotive repair or service of these vehicles, including washing and the sale and installation of lubricants, tires, batteries, mufflers, and similar accessories. Automotive sales and service, nonmarine does not include tire retreading, which is classified as a manufacturing land use.

May include NAICS 4411 (Auto Dealers), 4412 (Other Motor Vehicle Dealers), 44132 (Tire Dealers), 45393 (Manufactured/Mobile Home Dealers), and 8111 (Automotive Repair and Maintenance). [Ord. 14-0391 § 2 (Exh. 1).]

“Bankfull width” means:

A. For streams – The measurement of the lateral extent of the water surface elevation perpendicular to the channel at bankfull depth. In cases where multiple channels exist, bankfull width is the sum of the individual channel widths along the cross-section.

B. For lakes, ponds, and impoundments – Line of mean high water.

C. For periodically inundated areas of associated wetlands – Line of periodic inundation, which will be found by examining the edge of inundation to ascertain where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland. [Ord. 19-0488 § 4 (Exh. 2).]

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the “100-year flood.” The base flood can be the effective FEMA flow or best available data as approved by the City. Designation on the FIRM always includes the letter “A” or “V.” [Ord. 24-0624 § 4 (Exh. B); Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Base flood elevation” means the water surface elevation of the base flood. It shall be referenced to the effective FIRM datum. [Ord. 24-0624 § 4 (Exh. B); Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Base station” means the structure or equipment at a fixed location that enables wireless communications licensed or authorized by the FCC, between user equipment and a communications network. The term does not encompass a tower or any equipment associated with a tower. The term includes, but is not limited to:

A. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

C. Any structure other than a tower that, at the time an eligible communications facility modification (ECFM) application is filed with the City, supports or houses equipment described in subsections A and B of this section, and that has been reviewed and approved under the applicable zoning or siting process, or under another State, county or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

D. The term does not include any structure that, at the time a completed eligible communication facilities modification (ECFM) application is filed with the City, does not support or house equipment described in subsections A and B of this section. [Ord. 16-0426 § 4 (Att. B).]

“Basement” means any area of the building having its floor below ground level on all sides. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Beehive” means a structure designed to contain one colony of honey bees (Apis mellifera). [Ord. 11-0329 § 3 (Exh. 1).]

“Berm” means a constructed area of compacted earth. [Ord. 11-0329 § 3 (Exh. 1).]

“Best available science” means current scientific information derived from a valid scientific process, including that used in the process to designate, protect, or restore critical areas as defined by WAC 365-195-900 through 365-195-925. [Ord. 11-0329 § 3 (Exh. 1).]

“Best management practices (BMPs)” means conservation practices or systems of practices and management measures that:

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

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

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

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

The City shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Billboard face” means that portion of a billboard, exclusive of its structural support, on which changeable advertising copy is displayed, either by affixing preprinted poster panels or by painting copy on location; subclassified as follows:

A. “Billboard face I” means a billboard face not exceeding a height of 14 feet or a width of 48 feet, and may also include temporary and irregularly shaped extensions subject to the area and duration limitations in Chapter 18.42 KMC; and

B. “Billboard face II” means a billboard face not exceeding a height of 12 feet or a width of 24 feet. [Ord. 11-0329 § 3 (Exh. 1).]

“Biologist” means a person who has earned at least a Bachelor of Science degree in the biological sciences from an accredited college or university or who has equivalent educational training and experience. [Ord. 11-0329 § 3 (Exh. 1).]

“Blank walls” means any ground floor wall over six feet in height and 15 feet or more in length and/or greater than 400 square feet in total area without architectural embellishments such as windows, doors, or other special wall treatment. Upper floors are not included in blank wall requirements. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Bonus unit” means a dwelling unit achieved that exceeds the number of units allowed by the base density of the underlying zoning district. [Ord. 19-0481 § 2 (Exh. A).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Broadleaf tree” means a tree characterized by leaves that are broad in width and may include both deciduous and evergreen species. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of critical areas regulations, “buffer” or “buffer area” means an area surrounding a critical area, is contiguous to a critical area, and that is required for the protection of the critical area from adverse impacts to its integrity, functions, and values. The buffer shall consist of a naturally vegetated and undisturbed, enhanced, or revegetated area for streams, wetlands, and top of slope for landslide hazard areas. The buffer area shall require continued maintenance, functioning, and/or structural stability of the critical area. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

“Building” means any structure having a roof. [Ord. 11-0329 § 3 (Exh. 1).]

“Building envelope” means the area of a lot that delineates the limits of where a building may be placed on the lot. The building envelope is determined through minimum lot size and minimum lot width requirements. [Ord. 11-0329 § 3 (Exh. 1).]

“Building facade” means that portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Bulk gas storage tank” means a tank from which illuminating, heating, or liquefied gas is distributed by piping directly to individual users. [Ord. 11-0329 § 3 (Exh. 1).]

“Intensive business service” means an establishment primarily engaged in providing supporting services to business that is likely to generate levels of truck traffic, noise, pollution, vibration, dust, fumes, odors, hazardous materials, or other undesirable conditions that would be injurious to health or offensive to the senses, or would be an obstruction to the free use of surrounding property and essentially interfere with the comfortable enjoyment of life and property. Examples include industrial launderers, dry cleaning plants, and fuel dealers.

May include NAICS 45431 (Fuel Dealers). May include Sector 56 (Administrative and Support and Waste Management and Remediation Services), except the following: 561210 (Facilities Support Services for private correctional facilities), 5615 (Travel Arrangement and Reservation Services), 56171 (Exterminating and Pest Control Services), 56173 (Landscaping Services), 56179 (Other Services to Buildings/Dwellings) and 562 (Waste Management and Remediation). May include 8113 (Commercial and Industrial Machinery and Equipment Repair and Maintenance) and 812332 (Industrial Launderers). [Ord. 14-0391 § 2 (Exh. 1).]

“Standard business service” means an establishment primarily engaged in providing supporting services to business that is lower in intensity and cleaner than an intensive business service, and that does not generate noise, particulate matter, vibration, smoke, dust, fumes, odors, or other nuisances that would be injurious to health or offensive to the senses, or would be an obstruction to the free use of surrounding property and essentially interfere with the comfortable enjoyment of life and property. Examples include telephone call centers, private mail services, copy centers, business incubators, and data centers.

May include NAICS 491 (Postal Service), 492 (Couriers and Messengers), 518 (Data Processing, Hosting, and Related Services), 53242 (Office Machinery and Equipment Rental and Leasing), 54186 (Direct Mail Advertising), and 541922 (Commercial Photography).

May include Sector 56 (Administrative and Support and Waste Management and Remediation Services), except the following: 561210 (Facilities Support Services for private correctional facilities), 5615 (Travel Arrangement and Reservation Services), 56171 (Exterminating and Pest Control Services), 56173 (Landscaping Services), 56179 (Other Services to Buildings/Dwellings) and 562 (Waste Management and Remediation). May include 8112 (Electronic and Precision Equipment Repair and Maintenance). [Ord. 14-0391 § 2 (Exh. 1).]

“Caliper” means the American Nursery and Landscape Association (ANLA) standards for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six inches above ground for up to and including four-inch caliper size and 12 inches above the ground for larger sizes. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“School capacity” 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. [Ord. 11-0329 § 3 (Exh. 1).]

“School district capital facilities plan” means a district’s facilities plan adopted by the school board consisting of:

A. An inventory showing the location and school capacity of existing school facilities;

B. A forecast of future needs for school facilities based on the district’s enrollment projections and adopted standard of service;

C. The long-range construction and capital improvement projects of the district;

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

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

F. Any other long-range projects planned by the district. [Ord. 18-0463 § 3 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of Chapter 18.60 KMC, “categorically excluded” means as defined in 1.1306 and 1.1307 in the Code of Federal Regulations (CFR). [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

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

May include NAICS 81222 (Cemeteries and Crematories). [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Channel width and gradient” means a measurement over a representative section of at least 500 linear feet with at least 10 evenly spaced measurement points along the normal stream channel but excluding unusually wide areas of negligible gradient, such as marshy or swampy areas, beaver ponds and impoundments. Channel gradient may be determined utilizing stream profiles plotted from United States Geological Survey topographic maps. [Ord. 19-0488 § 4 (Exh. 2).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“City” means the City of Kenmore. [Ord. 11-0329 § 3 (Exh. 1).]

“City manager” means the City of Kenmore city manager or his or her designee(s). [Ord. 11-0329 § 3 (Exh. 1).]

“School classrooms” means educational facilities required to house students for a basic educational program. Specialized facilities, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. [Ord. 11-0329 § 3 (Exh. 1).]

“Clearing” for the purposes of administering either Chapter 18.55 KMC, Critical Areas, or Chapter 18.57 KMC, Tree Management and Protection, means the limbing, pruning, trimming, topping, cutting or removal of trees or vegetation, such as brush, grass, ground cover or other organic plant matter, which exposes the earth’s surface by physical, mechanical, chemical or other means. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

“Clustered” means the grouping of structures on a portion of the available land, reserving a significant amount of the site as open space. Lot segregations for clustered development are discussed in KMC 17.20.130. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“College/university” means an establishment primarily engaged in providing academic courses and granting degrees above the high school diploma, such as the associate, baccalaureate or graduate degree. College/university generally means the college/university campus. Off-site auxiliary facilities associated with a college or university are addressed under the appropriate land use listing for their individual operation. For example, an off-site affiliated bookstore would be considered retail sales. An off-site medical clinic would be considered health care and social assistance.

May include NAICS 6112 (Junior Colleges) and 6113 (Colleges, Universities, and Professional Schools). [Ord. 14-0391 § 2 (Exh. 1).]

“Collocation” means the placement or installation of antennas on existing structures upon which antennas already exist. [Ord. 16-0426 § 4 (Att. B).]

“Commercial nursery” or “tree farm” means a licensed plant or tree nursery or farm in relation to those trees planted and growing on the premises of the licensee, which are planted and grown for sale through retail or wholesale channels in the ordinary course of the licensee’s business. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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 as a hospital. CRFs are further classified as follows:

A. CRF-I means nine to 10 residents and staff;

B. CRF-II means 11 or more residents and staff. If staffed by nonresident staff, each 24 staff hours per day equals one full-time residing staff member for purposes of subclassifying CRFs.

Provided, however, that this definition shall not apply to secure community transition facilities as defined in KMC 18.20.2465 or to adult family homes as defined in KMC 18.20.095.

May include NAICS 623210 (Residential Intellectual and Developmental Disability Facilities) and 623220 (Residential Mental Health and Substance Abuse Facilities). [Ord. 17-0438 § 2 (Att. A); Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Commuter parking lot” means vehicle parking specifically for the purpose of access to a public transit system or for users of carpools or vanpools. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Conditional use permit” means a permit required for uses due to special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to review by the reviewing official to establish conditions to protect public health, safety and welfare and ensure compatibility with nearby land uses. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Confinement area” means any open land area in which livestock are kept where the forage does not meet the definition of a grazing area. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

“Construction and trade” means an establishment that provides services related to construction and maintenance of buildings and infrastructure and improvements to property. Such establishments include landscape and horticultural services. This definition excludes construction and trade establishments that qualify as an office by virtue of having only a business office without outside storage or fabrication.

May include NAICS Sector 23 (Construction), 54135 (Building Inspection Services), 56171 (Exterminating and Pest Control Services), 56173 (Landscaping Services), 56179 (Other Services to Buildings and Dwellings), and 56299 (All Other Waste Management Services). [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Courtyard” means a private open space internal to development which is not accessible to the public and which is enclosed on at least two sides by structure(s) or fencing. [Ord. 11-0329 § 3 (Exh. 1).]

“Critical areas” means any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat areas of importance, frequently flooded areas, geologically hazardous areas, streams, and wetlands, as defined in Chapter 36.70A RCW and this chapter. [Ord. 11-0329 § 3 (Exh. 1).]

“Critical area tract” means land held in private ownership and retained in an undeveloped condition in perpetuity for the protection of critical areas. Lands within this type of dedication may include, but are not limited to, portions and combinations of forest habitats, grasslands, geologically hazardous areas, on-site watersheds, 100-year floodplains, shorelines or shorelines of statewide significance, riparian areas, and wetlands. [Ord. 11-0329 § 3 (Exh. 1).]

“Critical facility” means a facility necessary to protect the public health, safety and welfare and which is defined under the occupancy categories of “essential facilities,” “hazardous facilities” and “special occupancy structures” in the International Building Code. Critical facilities also include nursing homes, public roadway bridges, and sites for hazardous substance storage or production, not including the temporary storage of consumer products containing hazardous substances intended for household use or for retail sale on the site. [Ord. 11-0329 § 3 (Exh. 1).]

“Critical root zone (CRZ)” is the area where the tree’s essential mass of roots is located. This root zone is generally the area surrounding a tree at a distance which is equal to one foot for every inch of trunk diameter at breast height or the area of a circle with radius extending from a tree’s trunk to a point no less than the end of a tree’s longest branch, whichever is greater. [Ord. 11-0329 § 3 (Exh. 1).]

“Crown” means the area of a tree containing leaf- or needle-bearing branches. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

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

A. Day care shall include only child day care services, adult day care centers and the following:

1. Adult day care, such as adult day health centers or social day care as defined by the Washington State Department of Social and Health Services;

2. Nursery schools for children under minimum age for education in public schools;

3. Privately conducted kindergartens or prekindergartens when not a part of a public or parochial school; and

4. Programs covering after-school care for school children.

B. Day care establishments are subclassified as follows:

1. Day care I – A maximum of 12 adults or children in any 24-hour period; and

2. Day care II – Over 12 adults or children in any 24-hour period.

Day care does not include family child-care home.

May include NAICS 6244 (Child Day Care Services). [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Debris flow” means a stream-like flow of muddy water filled with mixed sizes of sediment and rock. Debris flows are generated by sporadic heavy rains on steep slopes. [Ord. 11-0329 § 3 (Exh. 1).]

“Deciduous” means a plant species with foliage that is shed annually. [Ord. 11-0329 § 3 (Exh. 1).]

“Degraded wetland buffer” means a buffer area which cannot adequately protect its adjacent wetland due to one or more of the following existing conditions:

A. Lack of vegetative cover or presence of bare soils (resulting from disturbance, fill, debris, or trash);

B. Significant cover (over 50 percent) in nonnative vegetation;

C. Significant cover (over 50 percent) in invasive species or noxious weeds;

D. Presence of existing nonconforming structures or improvements. [Ord. 11-0329 § 3 (Exh. 1).]

“Transfer of density credit (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. [Ord. 11-0329 § 3 (Exh. 1).]

“Department” means the City department or outside agency assigned by the city manager to administer a portion of the City code. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Designated manufactured home” means a manufactured home constructed after June 15, 1976, in accordance with State and federal requirements for manufactured homes, which meets the following conditions, as allowed under RCW 35A.21.312 and 35.63.160:

A. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

B. Was originally constructed with, and now has, a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch;

C. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Residential Code single-family residences;

D. Is a “new manufactured home” as defined in RCW 35.63.160, meaning any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2);

E. Is set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative;

F. Complies with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

G. Is thermally equivalent to the State Energy Code; and

H. This section does not override any legally recorded covenants or deed restrictions of record. [Ord. 11-0329 § 3 (Exh. 1).]

“Designation, critical area” means assigning critical areas into established categories and specifying their general distribution, location, and extent. Designation can be made by maps (which are useful for public awareness and for identifying if a proposal may affect a critical area) and by performance standards or definitions (which allow for specific identification and site-scale delineation during permit review). WDFW’s Priority Habitats and Species (PHS) program provides the agency’s recommended designation maps and performance standards/definitions for fish and wildlife habitat conservation areas. Designation occurs after classification in counties’ and cities’ efforts to protect critical areas. See WAC 365-190-040(5). [Ord. 24-0624 § 4 (Exh. B).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Detached accessory dwelling unit” means an accessory dwelling unit contained within a separate structure that is accessory to the primary dwelling unit on the premises. A detached accessory dwelling unit shall be separated from the primary dwelling unit by a minimum of five feet, measured between the eaves or other projections beyond the walls of the two structures. [Ord. 20-0510 § 2 (Exh. A).]

“Developer” means the person or entity that owns or holds purchase options or other development control over property for which development is proposed. (Also see “Applicant,” KMC 18.20.190.) [Ord. 11-0329 § 3 (Exh. 1).]

“Development” means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the City that bind land to specific patterns of use, including, but not limited to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development does not include the following activities:

A. Interior building improvements;

B. Exterior structure maintenance activities, including painting and roofing;

C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding; or

D. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries. [Ord. 11-0329 § 3 (Exh. 1).]

“Development agreement” means a recorded agreement between an applicant and the City which incorporates the site plans, development standards, and other features of a development. [Ord. 11-0329 § 3 (Exh. 1).]

“Development permit” means any permit issued by the City, or other authorized agency, for construction, land use, or the alteration of land. [Ord. 11-0329 § 3 (Exh. 1).]

“Development proposal” means any activities requiring a permit or other approval from the City relative to the use or development of land. [Ord. 11-0329 § 3 (Exh. 1).]

“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 the City to carry out a development proposal. [Ord. 11-0329 § 3 (Exh. 1).]

“Diameter at breast height (d.b.h.)” means a tree’s diameter in inches at four and one-half feet above the ground. On multiple stemmed or trunked trees, the diameter shall be the sum of diameters of all individual stems or trunks. [Ord. 11-0329 § 3 (Exh. 1).]

“Differential settlement” means nonuniform or uneven ground settlement that occurs over a relatively short distance, such as measured across the width of a residential structure (typically 25 feet). Differential settlement can result if a structure is underlain by dissimilar soils below portions of the structure (e.g., dense fill versus loose fill below parts of the structure), or by uneven ground settlement as could occur if the ground below a structure were to liquefy during strong earthquake shaking. [Ord. 11-0329 § 3 (Exh. 1).]

“Distributed antenna system” or “DAS” means a network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area. [Ord. 16-0426 § 4 (Att. B).]

“Disturbance” means a pronounced, temporary change in environmental conditions within an ecosystem. Disturbances often act quickly and can alter ecosystem composition, structure, and function. [Ord. 24-0624 § 4 (Exh. B).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Domiciliary care” means:

A. Assistance with activities of daily living provided by the licensee either directly or by contract;

B. Assuming general responsibility for the safety and well-being of the resident; and

C. Limited nursing services, if provided by the licensee. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Drive-through service” means a business or a portion of a business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while seated in a motor vehicle. In some instances, customers may need to get out of the vehicle to obtain the product or service. This definition shall include, but not be limited to, fast-food restaurants, espresso stands, and drive-in services at banks and pharmacies. This definition excludes automotive service and repair, gas stations, and car washes. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Durable materials” means materials capable of withstanding wear and tear with limited maintenance required, long-term use, vandal resistant, and weather resistant. [Ord. 11-0329 § 3 (Exh. 1).]

“Dwelling unit” means one or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen facilities, bathroom facilities, and rooms with internal accessibility, for use solely by the dwelling’s occupants. Dwelling units must have at least 190 square feet of habitable space. Every dwelling unit shall have not less than one room that shall have not less than 120 square feet of net floor area. Other habitable rooms of a dwelling unit shall have a net floor area of not less than 70 square feet. Microhousing dwelling units may share kitchen facilities with other dwelling units in place of providing kitchen facilities within each unit. [Ord. 25-0631 § 2 (Exh. A); Ord. 16-0415 § 2 (Att. B); Ord. 11-0329 § 3 (Exh. 1).]

“Accessory dwelling unit” or “ADU” means a separate, complete dwelling unit attached to or contained within the structure of the primary dwelling; or contained within a separate structure that is accessory to the primary dwelling unit on the premises. [Ord. 20-0510 § 2 (Exh. A); Ord. 11-0329 § 3 (Exh. 1).]

“Microhousing dwelling unit” means an apartment with a total square footage of less than 320 square feet and a habitable space, as defined in the International Building Code as adopted in the Kenmore Municipal Code, of at least 220 square feet. The room(s) are intended for use solely by the dwelling’s occupant(s), although common kitchen or bath facilities may be provided. [Ord. 16-0415 § 1 (Att. A).]

“Middle housing dwelling” 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, townhouses, stacked flats, courtyard apartments, and cottage housing.

A. Cottage Housing. Residential units on a parent lot with a common open space that either: (1) is owned in common; or (2) has units owned as condominium units with property owned in common.

B. Courtyard Apartments. Attached dwelling units arranged on two or three sides of a yard or court.

C. Duplex. A residential building with two attached dwelling units.

D. Fourplex. A residential building with four attached dwelling units.

E. Townhouse. See KMC 18.20.835(B).

F. Triplex. A residential building with three attached dwelling units.

G. Stacked Flat. 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. [Ord. 25-0630 § 2 (Exh. A).]

“Multiple-family dwelling” means a one-family dwelling attached to one or more one-family dwellings by common roofs, walls, or floors. Also includes one or more dwellings attached to nonresidential uses. This definition does not include accessory dwelling units, community residential facilities, supportive living facilities, or nursing and personal care facilities.

A. Apartment. A residential building containing two or more dwelling units or a single dwelling unit and a nonresidential use, which are attached at one or more common roofs, walls, or floors. Typically, the unit’s habitable area is provided on a single level. Unit entrances may or may not be provided from a common corridor. Microhousing dwelling units are considered apartments.

B. Townhouse. A one-family, ground-related dwelling attached to one or more such units or to a nonresidential use in which each unit has its own exterior, ground-level access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common walls. Typically the units are multi-story. [Ord. 16-0415 § 2 (Att. B); Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Single detached dwelling unit” means a detached building containing one dwelling unit or an adult family home. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

“Eating and drinking place” means an establishment that prepares meals, snacks and beverages to customer order for immediate on-premises or off-premises consumption from a fixed location.

May include NAICS 722 (Food Services and Drinking Places), except 72233 (Mobile Food Services). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Educational service” means an institution that offers academic education, career and technical instruction as well as schools or programs that offer tutoring or nonacademic or self-enrichment classes, such as automobile driving and cooking instruction.

May include NAICS Sector 61 (Educational Services), except 6112 (Junior Colleges) and 6113 (Colleges, Universities, and Professional Schools). [Ord. 14-0391 § 2 (Exh. 1).]

“Effective radiated power” means the product of the antenna power input and the numerical antenna power gain. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Emergent wetland” means a wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative stratum. [Ord. 11-0329 § 3 (Exh. 1).]

“Emergency” means an occurrence during which there is imminent danger to the public health, safety and welfare, or which poses an imminent risk to property, as a result of a natural or manmade catastrophe as so declared by the city manager. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Enhancement” means actions taken to improve habitat or water quality function and/or wildlife use in an existing viable wetland, stream, or habitat area or established buffers, by planting native species, removing nonnative species, installing habitat structures, installing environmentally compatible erosion controls, and any other measures approved by the City. Enhancement also includes actions performed to improve the quality of an existing degraded wetland, stream, or habitat area or buffer. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

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

A. Carryalls;

B. Graders;

C. Loading and unloading devices;

D. Cranes;

E. Drag lines;

F. Trench diggers;

G. Tractors;

H. Augers;

I. Bulldozers;

J. Concrete mixers and conveyers;

K. Harvesters;

L. Combines; or

M. Other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. [Ord. 11-0329 § 3 (Exh. 1).]

“Erosion” means the process by which soil particles are mobilized and transported by natural agents such as wind, rainsplash, frost action or surface water flow. [Ord. 11-0329 § 3 (Exh. 1).]

“Erosion hazard areas” means those areas identified by the Natural Resources Conservation Service Soil Classification System, or identified by a special study, as having significant erosion potential. Erosion hazard areas also include channel migration zones. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

“Evergreen” means a plant species with foliage that persists and remains green year round. [Ord. 11-0329 § 3 (Exh. 1).]

Where the term “existing” or “existing legal” follows a listed use type, then those uses that can document their legal conforming status prior to April 28, 2003, are considered to be permitted uses and given all the rights of other permitted uses within the district, until such time as there is a change of use or abandonment as set forth in KMC 18.100.085. In addition, these uses may be rebuilt within the same footprint and floor area should they suffer damage; provided, that no new nonconformances with standards are created (e.g., setbacks), if any. These uses may be remodeled without limitation on value and may be enlarged subject to current code requirements (e.g., height limits, lot coverage, density limits, setbacks, parking, etc.), unless otherwise specifically conditioned. [Ord. 11-0329 § 3 (Exh. 1).]

“FAA” means the Federal Aviation Administration. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Family” means an individual; two or more persons related by blood or marriage; a group of two or more disabled residents protected under the Federal Housing Act Amendments, who are not related by blood or marriage, living together as a single housekeeping unit; a group of residents, who are not related by blood or marriage, living together as a single housekeeping unit; or a group living arrangement where eight or fewer residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or nonresident staff. For purposes of this definition, minors living with parent shall not be counted as part of the maximum number of residents. [Ord. 24-0608 § 2 (Exh. A(II)); Ord. 11-0329 § 3 (Exh. 1).]

“Family child-care home” means a child day care provider who regularly provides child day care and early learning services for not more than 12 children in the provider’s home in the family living quarters, or as otherwise defined in RCW 43.215.010. [Ord. 11-0329 § 3 (Exh. 1).]

“FCC” means the Federal Communications Commission. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 19-0488. [Ord. 11-0329 § 3 (Exh. 1).]

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

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

B. Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh. [Ord. 11-0329 § 3 (Exh. 1).]

“Financial guarantee” means a form of financial security posted to ensure timely and proper completion of improvements, compliance with this code or to warrant materials, workmanship of improvements, and design. Financial guarantees include assignments of funds, cash deposits, surety bonds, and other forms of financial security acceptable to the city manager. [Ord. 11-0329 § 3 (Exh. 1).]

“Fire or police facility” means a government establishment engaged in law enforcement or fire protection activities.

May include NAICS 92212 (Police Protection), 92215 (Parole Offices and Probation Offices), and 92216 (Fire Protection). [Ord. 14-0391 § 2 (Exh. 1).]

“First floor facades” means, for the purposes of determining priority design standards, the following categories of regulations when applied to the ground floor of buildings: ground floor facades, ground floor transparency and visibility, blank wall and side wall, and building materials. [Ord. 11-0329 § 3 (Exh. 1).]

“Fish habitat” means habitat that is used by any fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and off-channel habitat. [Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Fish and wildlife habitat conservation areas” mean areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include but are not limited to rare and vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors, and areas with high relative population density or species richness. [Ord. 24-0624 § 4 (Exh. B).]

“Flood” or “flooding” means:

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

1. The overflow of inland waters.

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

3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (A)(2) of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (A)(2) of this section. [Ord. 19-0488 § 4 (Exh. 2).]

“Flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. [Ord. 19-0488 § 4 (Exh. 2).]

Repealed by Ord. 19-0488. [Ord. 11-0329 § 3 (Exh. 1).]

“Flood hazard areas” means those areas in the City subject to inundation by the base flood (see “Area of special flood hazard”) and those areas subject to flood risks from channel relocation or stream meander including, but not limited to, streams, lakes, wetlands and closed depressions. The latter flood hazard areas may extend outside of the area of special flood hazard mapped by FEMA, but are defined and designated by the City. [Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a “digital flood insurance rate map (DFIRM).” [Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

See “Flood elevation study.” [Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Flood protection elevation” means an elevation which is one foot above the base flood elevation. [Ord. 11-0329 § 3 (Exh. 1).]

“Floodplain” means any land area susceptible to being inundated by water from any source (see definition of “Flood or flooding”). [Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. [Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also known as the “regulatory floodway” or “FEMA floodway.” [Ord. 19-0488 § 4 (Exh. 2).]

Repealed by Ord. 19-0488. [Ord. 11-0329 § 3 (Exh. 1).]

“Floor area ratio (FAR)” means a measure of development intensity equal to the gross building floor area, divided by the site area. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

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

A. Fire prevention, detection and suppression; and

B. Slash burning or removal. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Frequently flooded areas” means lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. [Ord. 24-0624 § 4 (Exh. B).]

“Functions and values” means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, protection from hazards, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority. [Ord. 11-0329 § 3 (Exh. 1).]

“Funeral home/crematory” means an establishment engaged in preparing the dead for burial or interment and conducting funerals.

May include NAICS 8122 (Death Care Services). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of Chapters 18.35 and 18.40 KMC, “general services land uses” means ambulatory surgery center; animal kennel/shelter; automotive service (except tire retreading); business service, intensive; cemetery, columbarium or mausoleum; day care; educational service; funeral home/crematory; health care and social assistance; hospital; laboratory; personal service; religious institution; and stable. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

“Geologically hazardous areas” means areas that may not be suited to development consistent with public health, safety or environmental standards because of their susceptibility to erosion, sliding, earthquake, or other geological events as designated by WAC 365-190-080(4). Types of geologically hazardous areas include: erosion, landslide, seismic, and other hazards. [Ord. 11-0329 § 3 (Exh. 1).]

“Geologist” means a person who has earned at least a Bachelor of Science degree in the geological sciences from an accredited college or university or who has equivalent educational training and at least four years of professional experience. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of Chapters 18.35 and 18.40 KMC, “government/business services land uses” means air transportation service; business service, standard; construction and trade; fire or police facility; heavy equipment and truck repair; office; private stormwater management facility; public agency archive; public agency or utility yard; standalone parking; transportation; utility facility; vehicle or equipment rental; warehousing; and wholesale trade. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Grading” means any excavation, filling, removing the duff layer or any combination thereof. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Ground floor” means the level of a building accessible from public walkways or public sidewalks that is typically at grade level. Building levels below ground are not considered ground floors. [Ord. 11-0329 § 3 (Exh. 1).]

“Grove” means a contiguous grouping of trees standing in close proximity, which form a continuous canopy and/or are mutually dependant. [Ord. 11-0329 § 3 (Exh. 1).]

“Hazard areas” means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, or other geological condition. [Ord. 11-0329 § 3 (Exh. 1).]

“Hazardous household substance” means a substance as defined in RCW 70.105.010. [Ord. 11-0329 § 3 (Exh. 1).]

“Hazardous liquid and gas transmission pipelines” are as defined by RCW 81.88.040 and WAC 480-93-005. [Ord. 11-0329 § 3 (Exh. 1).]

“Hazardous substance” means a substance as defined in RCW 70.105.010. [Ord. 11-0329 § 3 (Exh. 1).]

“Headwater stream” means stream that is in the uppermost regions of a watershed or catchment area that flows into a larger stream, main stem river, or lake. Also synonymous with “tributary to.” [Ord. 24-0624 § 4 (Exh. B).]

“Health care and social assistance” means an establishment or agency providing health care or social assistance. For purposes of this code, veterinary offices are considered a subclassification of this use.

May include NAICS 62 (Health Care and Social Assistance), except the following: 621493 (Freestanding Ambulatory Surgical and Emergency Centers), 621511 (Medical Laboratories), 621910 (Ambulance Services), 622 (Hospitals), 623 (Nursing and Residential Care Facilities), and 6244 (Child Day Care Services). May include 54194 (Veterinary Services). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Hearing examiner” means the hearing examiner as established by Chapter 19.30 KMC. [Ord. 11-0329 § 3 (Exh. 1).]

“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, and lifts, but excluding automobiles and pickup trucks under 10,000 pounds, recreational vehicles, boats and their trailers. [Ord. 11-0329 § 3 (Exh. 1).]

“Habitat management” means management of land to maintain species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not imply maintaining all habitat or individuals of all species in all cases. [Ord. 24-0624 § 4 (Exh. B).]

“Habitats of local importance” includes seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over time. These might include areas of high relative density or species richness, breeding habitats, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations, such as cliffs, talus, and wetlands. [Ord. 24-0624 § 4 (Exh. B).]

“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, hangars, maintenance or overhaul facilities. [Ord. 11-0329 § 3 (Exh. 1).]

“Historic resource” means a district, site, building, structure or object significant in national, State or local history, architecture, archaeology, and culture. [Ord. 11-0329 § 3 (Exh. 1).]

“Historic structure” means any structure that is:

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

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

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

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

1. By an approved state program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in states without approved programs. [Ord. 19-0488 § 4 (Exh. 2).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“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 subordinate to the primary use of the site as a residence. [Ord. 11-0329 § 3 (Exh. 1).]

“Hospital” means an establishment with medical staff primarily engaged in providing inpatient medical, diagnostic and treatment services and/or emergency care services. Hospitals may also provide outpatient services as a secondary activity.

May include NAICS 622 (Hospitals), including 622210 (Psychiatric and Substance Abuse Hospitals). [Ord. 14-0391 § 2 (Exh. 1).]

“Hotel” means a building or portion thereof designed or used for transient rental for sleeping purposes. Hotel structures are at least two stories in height, with lodging space above the first floor. Lodging space may also be located on the first floor. Individual rooms are typically accessed from a common hallway. A central kitchen and dining room and accessory shops and services catering to the general public may be provided. Not included in this definition are townhouses, apartments, bed and breakfasts, or motels. [Ord. 11-0329 § 3 (Exh. 1).]

“Household pets” means small animals that are kept within a dwelling unit. [Ord. 11-0329 § 3 (Exh. 1).]

“Human-scaled elements” means the perceived size of a building or space relative to the human body. Human-scaled elements such as doors, windows, bays, etc., have dimensions and proportions which respond to the size of a human body. [Ord. 11-0329 § 3 (Exh. 1).]

“Hydraulic project approval (HPA)” means a permit issued by the Washington State Department of Fish and Wildlife for modifications to waters of the State in accordance with Chapter 75.20 RCW. [Ord. 11-0329 § 3 (Exh. 1).]

“Hydroelectric generation facility” means an establishment for the generation of electricity using water sources. [Ord. 11-0329 § 3 (Exh. 1).]

“Impervious surface” means a nonvegetated surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas which are paved, graveled or made of packed or oiled earthen materials or other surfaces which similarly impede the natural infiltration of surface and stormwater. Impervious surface shall not include areas of turf, landscaping, or natural vegetation. Open uncovered flow control or water quality treatment facilities shall not be considered as impervious surfaces under this title, but shall be considered impervious surfaces for the purposes of runoff modeling. [Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Infiltration rate” means the rate of water entry into the soil expressed in inches per hour. [Ord. 11-0329 § 3 (Exh. 1).]

“In-kind” means to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. [Ord. 11-0329 § 3 (Exh. 1).]

“Intentionally created stream” means streams created through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. [Ord. 24-0624 § 4 (Exh. B).]

“Intermittent stream” means a stream that flows only part of the year after precipitation events and receives some water during that time from groundwater sources. [Ord. 24-0624 § 4 (Exh. B).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Joint use driveway” means a jointly owned and/or maintained vehicular access to two residential properties. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Kitchen” or “kitchen facility” means a room or space used for cooking or the preparation of food with all of the following: sink (not shared with sanitation facilities), 220/240-volt or natural gas stovetop with ventilation, refrigerator, and food preparation area. Portable or countertop appliances are not part of kitchen facilities. A kitchen or kitchen facility must meet the standards of the Washington State Building and Residential Code. [Ord. 25-0631 § 2 (Exh. A); Ord. 11-0329 § 3 (Exh. 1).]

A “kitchenette” has limited cooking facilities, such as a sink, small one- or two-burner stove, microwave, and mini-fridge, and may include adequate counter space for plug-in electric cooking appliances. [Ord. 25-0631 § 2 (Exh. A).]

“Shared kitchen” means a kitchen that is used, intended, or designed to be used by residents of multiple dwelling or sleeping units for preparing food simultaneously. The shared kitchen shall meet the regulations of a kitchen or kitchen facility (KMC 18.20.1520). For example, in single room occupancy housing, residents share kitchen facilities with other sleeping units in the building. [Ord. 25-0631 § 2 (Exh. A).]

“Laboratory” means a standalone facility subject to biosafety or hazardous materials containment procedures in which research and experiments leading to the development of new products are conducted. This use may be associated with an institutional, clinical or commercial use.

May include NAICS 54138 (Testing Laboratories) and 621511 (Medical Laboratories). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Landscape water features” means a pond, pool or fountain used as a decorative component of a development. [Ord. 11-0329 § 3 (Exh. 1).]

“Landscaping” means live vegetative materials required for a development. Said materials provided along the boundaries of a development site are referred to as perimeter landscaping. [Ord. 11-0329 § 3 (Exh. 1).]

“Landslide” means episodic downslope movement of a mass including, but not limited to, soil, rock or snow. [Ord. 11-0329 § 3 (Exh. 1).]

“Landslide hazard areas” means areas at risk of mass movement resulting from a combination of geologic, topographic, and hydrologic factors including: bedrock, soil, slope gradient, slope aspect, geologic structure, groundwater, or other factors. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

“Large woody debris (LWD)” means dead woody material (i.e., fallen trees and branches) in various stages of decomposition that has fallen into a stream or has been placed in a stream, stabilizes the streambed, and provides habitat for fish and aquatic insects. “LWD” includes any piece of wood that is at least four inches (10 centimeters) in diameter (midpoint) and is at least six feet (two meters) in length. [Ord. 24-0624 § 4 (Exh. B).]

“Lattice tower” means a tower consisting of a self-supporting, multiple-sided, open steel frame structure without guy wires and ground anchors. [Ord. 16-0426 § 4 (Att. B); Ord. 11-0329 § 3 (Exh. 1).]

“Level of service (LOS)” means a measure of transportation system performance or completeness (by mode of travel) determined in accordance with Chapter 12.80 KMC. [Ord. 16-0420 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Light equipment” means hand-held tools and construction equipment, such as chain saws, wheelbarrows and post-hole diggers. [Ord. 11-0329 § 3 (Exh. 1).]

“Livestock” means grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including but not limited to:

A. Cattle;

B. Riding and draft horses;

C. Hogs, excluding pigs weighing under 120 pounds and standing 20 inches or less at the shoulder which are kept as household pets or small animals;

D. Sheep; and

E. Goats. [Ord. 11-0329 § 3 (Exh. 1).]

“Large livestock” means cattle, horses, and other livestock generally weighing over 500 pounds. [Ord. 11-0329 § 3 (Exh. 1).]

“Small livestock” means hogs, excluding pigs weighing under 120 pounds and standing 20 inches or less at the shoulder which are kept as household pets or small animals, sheep, goats, miniature horses, llamas, alpacas and other livestock generally weighing under 500 pounds. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Loading space” means a space for the temporary parking of a vehicle while loading or unloading cargo or passengers. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Lot” means a physically separate and distinct parcel of property, which has been created pursuant to KMC Title 17, Land Division. [Ord. 11-0329 § 3 (Exh. 1).]

“Parent lot” means the initial lot from which unit lots are subdivided pursuant to KMC 17.20.160. [Ord. 25-0630 § 2 (Exh. A).]

“Unit lot” means a lot created by the subdivision of a parent lot pursuant to KMC 17.20.160. [Ord. 25-0630 § 2 (Exh. A).]

“Interior lot line” means lot lines that delineate property boundaries along those portions of the property which do not abut a street. [Ord. 11-0329 § 3 (Exh. 1).]

“Low impact development (LID)” means a stormwater management and land development strategy 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. [Ord. 16-0428 § 13 (Att. I); Ord. 11-0329 § 3 (Exh. 1).]

For purposes of flood hazard area regulations, “lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Article XIX of Chapter 18.55 KMC. [Ord. 19-0488 § 4 (Exh. 2).]

“Manufactured home” is defined under WAC 296-150M-0020. The term “manufactured home” does not include a “recreational vehicle.” [Ord. 11-0329 § 3 (Exh. 1).]

“Manufactured housing community” means a development with two or more improved pads or spaces designed to accommodate mobile homes, manufactured homes, or designated manufactured homes. [Ord. 19-0481 § 2 (Exh. A).]

“Heavy manufacturing” means an establishment engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products that is likely to generate levels of truck traffic, noise, pollution, vibration, dust, fumes, odors, radiation, poisons, pesticides, or other hazardous materials, fire or explosion hazards, or other undesirable conditions that would be injurious to health or offensive to the senses, or would be an obstruction to the free use of surrounding property and essentially interfere with the comfortable enjoyment of life and property. Heavy manufacturing facilities use larger quantities of raw materials and may require significant outdoor storage. Examples include concrete manufacture, asphalt batch plants, mass production of commercial or recreational vehicles or large machinery, production of industrial organic and inorganic chemicals, animal slaughtering, and refining, extruding, rolling, or drawing of ferrous or nonferrous metals.

May include NAICS Sectors 31 – 33 (Manufacturing). Also may include NAICS 54171 (Research and Development in the Physical, Engineering and Life Sciences). [Ord. 14-0391 § 2 (Exh. 1).]

“Light manufacturing” means an establishment engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products that is of a lower intensity and cleaner than heavy manufacturing establishments. Light manufacturing facilities do not generate noise, particulate matter, vibration, smoke, dust, gas, fumes, odors, radiation, or other nuisances that would be injurious to health or offensive to the senses, or would be an obstruction to the free use of surrounding property and essentially interfere with the comfortable enjoyment of life and property. Light manufacturing facilities require only a small amount of raw materials, area and power to produce items of relatively high value per unit weight. Examples include manufacture of clothes, jewelry, food, blown glass, furniture, computer hardware and software, medical instrumentation, consumer electronics, and winery/brewery, as well as research and development facilities and biotechnology.

May include NAICS Sectors 31 – 33 (Manufacturing). Also may include NAICS 54171 (Research and Development in the Physical, Engineering and Life Sciences). [Ord. 14-0391 § 2 (Exh. 1).]

For purposes of Chapters 18.35 and 18.40 KMC, “manufacturing land uses” means manufacturing, heavy; manufacturing, light; cannabis processor; and tire retreading. [Ord. 24-0607 § 2 (Exh. A(III)); Ord. 17-0438 § 2 (Att. A); Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1). Formerly 18.20.1677]

“Cannabis” means cannabis as defined in RCW 69.50.101. [Ord. 24-0607 § 2 (Exh. A(II)); Ord. 14-0384 § 4.]

“Cannabis business” means a cannabis producer, cannabis processor, cannabis researcher, or cannabis retailer. “Cannabis business” does not include a cannabis cooperative as defined in KMC 18.20.1679.2.5. [Ord. 24-0607 § 2 (Exh. A(II)); Ord. 16-0421 § 2 (Att. A); Ord. 14-0384 § 4.]

“Cannabis cooperative” means a cooperative of no more than four qualifying patients or designated providers sharing responsibility for acquiring and supplying the resources needed to produce and process cannabis only for the medical use of members of the cooperative, as described under Chapter 69.51A RCW. [Ord. 24-0607 § 2 (Exh. A(II)); Ord. 16-0421 § 2 (Att. A).]

“Cannabis processor” means a cannabis processor as defined in RCW 69.50.101. [Ord. 24-0607 § 2 (Exh. A(II)); Ord. 14-0384 § 4.]

“Cannabis producer” means a cannabis producer as defined in RCW 69.50.101. [Ord. 24-0607 § 2 (Exh. A(II)); Ord. 14-0384 § 4.]

“Cannabis researcher” means a person licensed by the Washington State Liquor and Cannabis Board to produce, process, and possess cannabis for the purposes of conducting research on cannabis and cannabis-derived drug products. [Ord. 24-0607 § 2 (Exh. A(II)); Ord. 16-0421 § 2 (Att. A).]

“Cannabis retailer” means a cannabis retailer as defined in RCW 69.50.101. [Ord. 24-0607 § 2 (Exh. A(II)); Ord. 14-0384 § 4.]

“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:

A. Showers;

B. Toilets; and

C. Self-service laundries. [Ord. 11-0329 § 3 (Exh. 1).]

“Mass wasting” means the spontaneous downhill movement of soil and/or rock under the influence of gravity. [Ord. 11-0329 § 3 (Exh. 1).]

A “master plan” consists of a narrative description and map conceptually describing long-term land uses, circulation and infrastructure, open space, and development phasing for an area or property to guide future development. [Ord. 11-0329 § 3 (Exh. 1).]

“King County median income” means the median family income for the Seattle-Bellevue, WA HUD Metro FMR Area as most recently determined by the Secretary of Housing and Urban Development under Section 8(f)(3) of the United States Housing Act of 1937, as amended, or if programs under said Section 8(f)(3) are terminated, median family income is determined under the method used by the Secretary prior to such termination. In the event that HUD no longer publishes median family income figures for the Seattle-Bellevue, WA HUD Metro FMR Area or King County, the City may use any other method for determining the King County median income, adjusted for household size. [Ord. 19-0481 § 2 (Exh. A).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Mitigation” means the use of any or all of the following actions listed in descending order of preference:

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

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

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

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

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

F. Monitoring the impact and taking appropriate corrective measures. [Ord. 11-0329 § 3 (Exh. 1).]

“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 restoration, creation, and/or enhancement of wetlands, and, in exceptional circumstances, preservation of adjacent wetlands, wetland buffers, and/or other aquatic resources. [Ord. 11-0329 § 3 (Exh. 1).]

“Mitigation banking” means a system for providing compensatory mitigation in advance of authorized wetland impacts of development in the City 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. [Ord. 11-0329 § 3 (Exh. 1).]

“Mixed use development” 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. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Mobile food service” means an establishment engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or nonmotorized carts.

May include NAICS Sector 72233 (Mobile Food Services). [Ord. 14-0391 § 2 (Exh. 1).]

“Mobile home” is defined under WAC 296-150M-0020. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 19-0481. [Ord. 11-0329 § 3 (Exh. 1).]

A “mobility unit” means one PM peak hour person trip end. Each person trip has two trip ends, one each at the origin and destination. [Ord. 16-0420 § 4 (Exh. 2).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

“Modulation” means variations in a building facade through the use of setbacks, upper level stepbacks, and/or projections from the building which serve to break up the apparent mass and bulk of a building. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of Chapter 18.55 KMC, “monitoring” means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of critical areas and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods. Monitoring serves the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

“Motel” means a building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and typically having a parking space adjacent to a sleeping accommodation. This definition excludes townhouses, apartments, bed and breakfast guesthouses, and hotels. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Mulch” means any material such as leaves, bark, or straw left loose and applied to the soil surface to reduce evaporation. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Native vegetation” means vegetation comprised of plant species, other than noxious weeds, which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. [Ord. 11-0329 § 3 (Exh. 1).]

“Natural waters” means all surface waters of the State, only excluding water conveyance systems which are artificially constructed and actively maintained for irrigation. [Ord. 19-0488 § 4 (Exh. 2).]

“Negative externality” means a cost, burden, or undesirable physical impact on persons or property outside the property from which the negative externality is generated. Negative externalities shall include, without limitation, noise, odors, pollution, dust, fumes, vibration, and hazardous substances. [Ord. 14-0391 § 2 (Exh. 1).]

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

A. Areas within or on the perimeter of a project site which are required to be dedicated for public rights-of-way;

B. Critical areas and their buffers to the extent they are required by the City to remain undeveloped;

C. Areas required for stormwater control facilities other than facilities which are completely underground, including, but not limited to, retention/detention ponds, biofiltration swales and setbacks from such ponds and swales;

D. Areas required by the City to be dedicated or reserved as on-site recreation areas;

E. Regional utility corridors;

F. Other areas, excluding setbacks, required by the City to remain undeveloped. [Ord. 11-0329 § 3 (Exh. 1).]

“Nonconformance” means any use, improvement or structure established in conformance with the City 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. [Ord. 11-0329 § 3 (Exh. 1).]

“Nonhydroelectric generation facility” means an establishment for the generation of electricity by nuclear reaction, burning fossil fuels, or other electricity generation methods. [Ord. 11-0329 § 3 (Exh. 1).]

“Nonindigenous” means any species of plants or animals not native to the Puget Sound region. [Ord. 11-0329 § 3 (Exh. 1).]

“Nonionizing electromagnetic radiation (NIER)” means electromagnetic radiation of low photon energy unable to cause ionization. [Ord. 11-0329 § 3 (Exh. 1).]

“Noxious weed” means any plant which is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the State noxious weed list contained in Chapter 16-750 WAC. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Office” means a place of employment for professional or administrative staff which does not include outside storage, or fabrication or on-site sale or transfer of commodities. Types of offices include, but are not limited to, accounting; architectural; engineering; banking; consulting; management; administrative; secretarial; marketing or advertising; personnel; sales offices where no inventories or goods are available on the premises; real estate; insurance; travel agent; brokerage; computer programming; or other similar services. Office does not include medical offices which are classified as a health care and social assistance land use.

May include NAICS Sector 51 (Information), except the following: 512 (Motion Picture and Sound Recording Industries), 515 (Broadcasting), 517 (Telecommunications), 518 (Data Processing, Hosting and Related Services), and 51912 (Libraries and Archives). May include Sectors 52 (Finance and Insurance) and 53 (Real Estate Rental and Leasing), except the following: 53113 (Lessors of Miniwarehouses and Self-Storage Units), 5321 (Automotive Equipment Rental and Leasing), 5322 (Consumer Goods Rental), 5323 (General Rental Centers), and 5324 (Commercial and Industrial Machinery and Equipment Rental and Leasing). May include Sector 54 (Professional, Scientific and Technical Services), except the following: 54135 (Building Inspection Services), 54138 (Testing Laboratories), 54171 (Research and Development in the Physical, Engineering and Life Sciences), 54186 (Direct Mail Advertising), 54192 (Photographic Services), and 54194 (Veterinary Services). May include Sector 55 (Management of Companies and Enterprises) and 56151 (Travel Agencies). May include 8132 (Grantmaking and Giving Services), 8133 (Social Advocacy Organizations), 8139 (Business, Professional, Labor, Political, and Similar Organizations), and Sector 92 (Public Administration), except the following: 92212 (Police Protection), 92214 (Correctional Institutions), 92215 (Parole Offices and Probation Offices), and 92216 (Fire Protection). [Ord. 14-0391 § 2 (Exh. 1).]

“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 critical areas, provide a visual contrast to continuous development, reinforce community identity and aesthetics, or provide links between important environmental or recreational resources. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Ordinary high water mark” means the mark found by examining the bed and banks of a stream or lake and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In any area where the ordinary high water mark cannot be found, the line of mean high water shall substitute. In any area where neither can be found, the top of the channel bank shall substitute. In braided channels and alluvial fans, the ordinary high water mark or line of mean high water shall be measured so as to include the entire stream feature. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Outdoor retail display/sidewalk sale” means exhibit of goods which are directly accessible to the public for retail sale. These display areas are accessory to the principal indoor retail use. [Ord. 11-0329 § 3 (Exh. 1).]

“Park” means a site designed or developed for recreational use by the public including, but not limited to:

A. Indoor facilities, such as:

1. Gymnasiums;

2. Swimming pools; or

3. Activity centers;

B. Outdoor facilities, such as:

1. Playfields;

2. Fishing areas;

3. Picnic and related outdoor activity areas;

C. Areas and trails for:

1. Hikers;

2. Equestrians;

3. Bicyclists;

D. Areas provided under KMC 18.30.130 or Chapter 20.47 KMC;

E. Facilities for on-site maintenance. [Ord. 18-0463 § 3 (Exh. 2); Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Parking management plan” means a plan developed by a property owner or applicant that clearly identifies the short- and long-term parking management methods used to ensure that on-site parking provided on a property is adequate to meet anticipated parking demands. Parking management methods can include but are not limited to transportation demand methods that include on-site parking enforcement, signage, and parking fees. [Ord. 15-0406 § 1 (Att. A).]

“Parking space” means an area accessible to vehicles, improved, maintained and used for the sole purpose of parking a motor vehicle. [Ord. 11-0329 § 3 (Exh. 1).]

“Peak hour” means the hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection. [Ord. 11-0329 § 3 (Exh. 1).]

“Pedestrian walkway” means a public walkway that connects public streets to other streets, walkways, public spaces, or drives. Public walkways should be lit for nighttime use and be aligned for maximum nighttime visibility. [Ord. 11-0329 § 3 (Exh. 1).]

“Permanent school facilities” means facilities of a school district with a fixed foundation which are not relocatable facilities. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Personal service” means an establishment primarily engaged in providing services to individuals, such as beauty and barber shops, retail laundry and drycleaning including coin-operated, clothing alterations and repair, diaper services, carpet and upholstery cleaning services, photo studios, shoe repair, pet grooming, and repair of personal or household items. This definition excludes automotive repair and service.

May include NAICS 5322 (Consumer Goods Rental), 5323 (General Rental Center), 541921 (Photo Studios), 811211 (Consumer Electronics Repair and Maintenance), and 8114 (Personal and Household Goods Repair and Maintenance). May include 812 (Personal and Laundry Services) except the following: 8122 (Death Care Services), 812332 (Industrial Launderers), and 81293 (Parking Lots and Garages). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration effectiveness, engineering feasibility, cost, safety, existing technology, and logistics in light of overall project needs, purposes and objectives, and has less impacts to critical areas. For example, a practical alternative to a proposal to place a sidewalk through a wetland might be to place an elevated boardwalk through the wetland. [Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Priority habitat/species” or “priority wildlife habitat/species” means a habitat type of elements with unique significant value to one or more species or habitats of local importance and concern in urban areas as classified by the Washington State Department of Fish and Wildlife Priority Habitat and Species (PHS) program. “Priority species” are wildlife species of concern due to their population status and their sensitivity to habitat alteration. “Priority habitats” are areas with one or more of the following attributes: comparatively high wildlife density, high wildlife species richness, significant wildlife breeding habitat, significant wildlife seasonal ranges, significant movement corridors for wildlife, limited availability, or high vulnerability. General types of priority habitat identified in the PHS program potentially found in Kenmore include meadows, oak woodlands, old-growth/mature forests, riparian areas, snag-rich areas, urban natural open space, and wetlands. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Private stormwater management facility” means a surface water control structure installed by a project proponent to retain, detain or otherwise limit runoff from an individual or group of developed sites specifically served by such structure. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Public agency” means any agency, political subdivision or unit of government 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. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Public agency or utility office” means an office for the administration of any governmental or utility activity or program, with no outdoor storage. [Ord. 11-0329 § 3 (Exh. 1).]

“Public agency or utility yard” means a facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Public space/public open space” means an open space or plaza in an area between a building and a street or pedestrian walkway where people gather or sit. Public spaces are open for public use during the daytime and evening and are visible from adjacent streets. Public spaces contain site furnishings, artwork, landscaping, pedestrian lighting, and other amenities which make the space comfortable and inviting. Public spaces may be government owned or dedicated property or areas open to all persons by design or intent. [Ord. 11-0329 § 3 (Exh. 1).]

“Public view” means areas which are visible from adjacent public streets, walkways, or public spaces. [Ord. 11-0329 § 3 (Exh. 1).]

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geology, hydrogeology, geomorphology, or a related field, and have two years of related work experience.

A. A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species;

B. A qualified professional for a geological hazard must be a professional engineer or geologist licensed in the state of Washington. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

“Qualified tree protection professional” means a licensed professional with academic and/or field experience that makes her or him a recognized expert in tree preservation and management. The tree protection professional shall be an arborist certified by the International Society of Arboriculture or be an arborist registered with the American Society of Consulting Arborists, and shall have specific experience with tree management in the State of Washington. A qualified tree protection professional must possess the ability to evaluate the health and hazard potential of existing trees, and the ability to prescribe appropriate measures necessary for the preservation of trees during development. [Ord. 15-0409 § 1 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

“Quality habitat areas” means areas that provide significant wildlife value by virtue of their characteristics. These characteristics include several parameters indicative of quality habitat, including size, community diversity, interspersion (spatial patterns), continuity, forest vegetation layers, forest age, and lack of invasive plants. Also referred to as a “primary habitat.” [Ord. 24-0624 § 4 (Exh. B).]

“Radio frequency” means the number of times the current from a given source of nonionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a maximum positive level in one second; measured in cycles per second or Hertz (Hz). [Ord. 11-0329 § 3 (Exh. 1).]

“Reasonable use” means a legal concept articulated by federal and State courts in regulatory taking cases. [Ord. 11-0329 § 3 (Exh. 1).]

“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, or another qualifying agency, the development potential of an associated sending site. [Ord. 11-0329 § 3 (Exh. 1).]

“Reclassification” means a change in the zone classification on the zoning map pursuant to a Type 4 land use permit decision, where the reclassification is not related to a comprehensive plan land use map amendment. [Ord. 11-0329 § 3 (Exh. 1).]

“Reconstruction” means to build, repair, or restore a structure to its original form after it has been damaged or destroyed. [Ord. 24-0624 § 4 (Exh. B).]

For purposes of Chapters 18.35 and 18.40 KMC, “recreational/cultural land uses” means adult entertainment business, arts, entertainment, indoor; arts, entertainment, outdoor; park; recreational facility, indoor; recreational facility, outdoor; and trail. [Ord. 24-0624 § 4 (Exh. B); Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1). Formerly 18.20.2232.]

“Indoor recreational facility” means an establishment that provides facilities or services for recreational uses inside a building. Indoor recreational facility includes such uses as clubhouses, gyms, indoor swimming pools, and fitness and bowling centers.

May include NAICS 61162 (Sports and Recreation Instruction), 711211 (Sports Teams and Clubs), 71312 (Amusement Arcades), and 7139 (Other Amusement and Recreation Industries). [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Outdoor recreational facility” means an establishment that provides facilities or services for recreational uses outside a building. Outdoor recreational facility includes such uses as outdoor tennis courts, outdoor swimming pools, batting cages, miniature golf courses, golf driving ranges, marinas, boat launches, campgrounds, and RV parks.

May include NAICS 61162 (Sports and Recreation Instruction), 711211 (Sports Teams and Clubs), 7139 (Other Amusement and Recreation Industries), and 7212 (RV/Recreational Vehicle Parks and Recreational Camps). [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Recreational vehicle (RV)” means a 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:

A. Travel trailer;

B. Folding camping trailer;

C. Park trailer;

D. Truck camper;

E. Park trailer;

F. Motor home; and

G. Multi-use vehicle. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Recyclable material” means a nontoxic, recoverable substance that can be reprocessed for the manufacture of new products. [Ord. 11-0329 § 3 (Exh. 1).]

“Regional land use” means an airport, ferry terminal, park and ride lot, transfer station, racetrack, stadium/arena, or other land use of a regional nature that may be difficult to site. Regional land use includes essential public facilities, as defined in RCW 36.70A.200, if not otherwise defined in this title.

May include NAICS Sector 22 (Utilities), 411 (Air Transportation), and 4881 (Support Activities for Air Transportation). May include 562 (Waste Management Remediation Service) except 56299 (All Other Waste Management Services). May include 7112 (Spectator Sports) except 711211 (Sports Teams and Clubs). May include 713110 (Amusement and Theme Parks) and 71391 (Golf Courses and Country Clubs). [Ord. 14-0391 § 2 (Exh. 1).]

For purposes of Chapter 18.40 KMC, “regional land uses” means college/university; conference center; hydroelectric generation facility; nonhydroelectric generation facility; regional land use; resource land use; secure facility; transit bus base; school bus base; and wireless communication facility. [Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Rehabilitation” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded critical area. Rehabilitation is a type of restoration. For wetlands, rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain. [Ord. 24-0624 § 4 (Exh. B).]

“Religious institution” means a place where religious services are conducted, including accessory uses in the primary or accessory buildings such as religious education, reading rooms, assembly rooms, and residences for nuns and clergy. This definition does not include facilities for training of religious orders.

May include NAICS 8131 (Religious Organizations). [Ord. 14-0391 § 2 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Relocation facilities” means housing units within the City that provide housing to persons who have been involuntarily displaced from other housing units within the City as a result of conversion of their housing unit to other land uses. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of Chapters 18.35 and 18.40 KMC, “residential land uses” means community residential facility; family child-care home; manufactured home; mobile home; manufactured housing community; multiple-family dwelling; single detached dwelling unit; supportive living facility; and temporary lodging. [Ord. 19-0481 § 2 (Exh. A); Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

“Resource land use” means a production use on agricultural, forest, aquatic, or mineral lands, including farming, timber production, and mining.

May include NAICS Sectors 11 (Agriculture, Forestry, Fishing and Hunting) and 21 (Mining). [Ord. 14-0391 § 2 (Exh. 1).]

For purposes of Chapter 18.40 KMC, “resource land uses” means resource land use and cannabis producer. [Ord. 24-0607 § 2 (Exh. A(III)): Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

“Restoration” means measures taken to restore an altered or damaged natural feature including:

A. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

B. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 14-0391. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of Chapters 18.35 and 18.40 KMC, “retail land uses” means auction house; automotive sales; eating and drinking place; cannabis retailer; mobile food service; retail sales; retail sales, bulk; and vehicle refueling station. [Ord. 24-0607 § 2 (Exh. A(IV)): Ord. 17-0438 § 2 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]

“Retail sales” means an establishment within a permanent structure of less than 65,000 square feet engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. This definition excludes auction houses, automotive sales and service, sales of automotive parts if service, repair or installation are provided on site, bulk retail sales, and eating and drinking places.

May include NAICS Sectors 44 – 45 (Retail Trade), except the following: 4411 (Automobile Dealers), 4412 (Other Motor Vehicle Dealers), 44132 (Tire Dealers), 447 (Gasoline Stations), 45291 (Warehouse Clubs and Superstores), 45393 (Manufactured/Mobile Home Dealers), and 45431 (Fuel Dealers). [Ord. 17-0438 § 2 (Att. A); Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Bulk retail sales” means a singular indoor “big box” retail business that occupies more than 65,000 square feet of gross floor area, typically requires high parking to building area ratios, and has a regional sales market. Bulk retail sales can include, but is not limited to, membership warehouse clubs that emphasize bulk sales, discount stores and department stores.

May include NAICS 45291 (Warehouse Clubs and Superstores). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Retaining wall” means any wall used to resist the lateral displacement of any material. [Ord. 11-0329 § 3 (Exh. 1).]

“Riparian stream corridor” means areas adjacent to aquatic systems with flowing water that contain both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the aquatic system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

“Riparian management zone (RMZ)” means an area often synonymous with riparian buffer. The RMZ is the area that has the potential to provide full riparian functions. [Ord. 24-0624 § 4 (Exh. B).]

“Riparian zone” means the area of vegetation adjacent to a body of water that influences (and is influenced by) the water; an area typically used by more species of wildlife than other land areas. [Ord. 24-0624 § 4 (Exh. B).]

“Salmonid” means a member of the fish family Salmonidae, such as Chinook, coho, chum, sockeye salmon, bull trout and cutthroat trout. [Ord. 11-0329 § 3 (Exh. 1).]

“Satellite dish” means a type of antenna, typically in the shape of a shallow dish or cone, that transmits to and/or receives signals from an orbiting satellite. [Ord. 16-0426 § 4 (Att. B).]

“School bus base” means an establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a school transit system. [Ord. 11-0329 § 3 (Exh. 1).]

“School district” means any school district in Kenmore. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Seasonal low flow” and “seasonal low water” mean the conditions of the seven-day, two-year low water situation, as measured or estimated by accepted hydrologic techniques. [Ord. 19-0488 § 4 (Exh. 2).]

“Section 404 permit” means a permit issued by the Corps of Engineers for the placement of dredge or fill material or clearing in waters of the U.S., including wetlands, in accordance with 33 USC Section 1344. [Ord. 11-0329 § 3 (Exh. 1).]

“Secure community transition facility (SCTF)” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the Secretary or under contract with the Secretary. [Ord. 11-0329 § 3 (Exh. 1).]

“Secure facility” means a jail, prison, secure community transition facility, or other similar facility for the confinement, correction, and rehabilitation of offenders. This definition includes facilities managed and operated by the government as well as those operated by nongovernmental entities under contract with the government.

May include NAICS 92214 (Correctional Institutions). [Ord. 14-0391 § 2 (Exh. 1).]

“Seismic hazard areas” means areas in the City that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction. [Ord. 11-0329 § 3 (Exh. 1).]

“Self-service storage” means an establishment containing separate storage spaces that are leased or rented as individual units. [Ord. 11-0329 § 3 (Exh. 1).]

“Sending site” means land capable of providing a public benefit if permanently protected by virtue of having its zoned development potential transferred to another property. [Ord. 11-0329 § 3 (Exh. 1).]

“Senior citizen” means a person aged 62 or older. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Setback” means the 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. [Ord. 11-0329 § 3 (Exh. 1).]

“Single room occupancy” means a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building (e.g., co-living, dormitories, congregate living facilities, boarding house, rooming house, lodging house, residential suites). Single room occupancy housing only consists of sleeping units, but single room occupancy may be combined with other dwelling unit types (e.g., an apartment complex could have a mix of single room occupancy housing, studios, one-bedroom, two-bedroom, and townhouse units). Single room occupancy housing can fit within any dwelling unit type that is also permitted in the same zone, e.g., attached dwelling units (apartments, courtyard apartments, townhouses, fourplex, triplex, duplex, stacked flats), detached dwelling units (single detached dwelling unit, cottage housing), and accessory dwelling units. When calculating dwelling unit density for single room occupancy housing, one sleeping unit equals one-fourth dwelling unit. Other regulations, such as design, building, fire, and electricity, will follow the standards of the building or dwelling type (e.g., detached, attached, accessory). [Ord. 25-0631 § 2 (Exh. A).]

“Shelters for temporary placement” means housing units within the City that provide housing to persons on a temporary basis for a duration not to exceed four weeks. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Sign” means any device, structure, fixture, or placard that is visible from a public right-of-way or surrounding properties and uses graphics, symbols, or written copy for the purpose of advertising or identifying any establishment, product, goods, or service. [Ord. 11-0329 § 3 (Exh. 1).]

“Awning sign” means a sign painted on or attached directly to and supported by an awning. An awning may be constructed of rigid or nonrigid materials and may be retractable or nonretractable. [Ord. 11-0329 § 3 (Exh. 1).]

“Changing message center sign” means an electrically controlled sign that contains advertising messages which changes at intervals of eight seconds or greater. [Ord. 21-0523 § 2 (Exh. A); Ord. 11-0329 § 3 (Exh. 1).]

“Community bulletin board sign” means a permanent sign used to notify the public of community events and public services, and which contains no commercial advertising. [Ord. 11-0329 § 3 (Exh. 1).]

“Directional sign” means a sign designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience, and may include incidental graphics such as trade names and trademarks. [Ord. 11-0329 § 3 (Exh. 1).]

“Freestanding sign” means a sign standing directly upon the ground or having one or more supports standing directly upon the ground, and being detached from any building or fence. [Ord. 11-0329 § 3 (Exh. 1).]

“Fuel price sign” means a sign utilized to advertise the price of gasoline and/or diesel fuel. [Ord. 11-0329 § 3 (Exh. 1).]

“Incidental sign” means a sign, emblem or decal designed to inform the public of goods, facilities, or services available on the premises, and may include but not be limited to signs designating:

A. Restrooms;

B. Hours of operation;

C. Acceptable credit cards;

D. Property ownership or management;

E. Phone booths; and

F. Recycling containers. [Ord. 11-0329 § 3 (Exh. 1).]

“Indirectly illuminated sign” means a sign that is illuminated entirely from an external artificial source. [Ord. 11-0329 § 3 (Exh. 1).]

“Monument sign” means a freestanding sign that is above ground level and is anchored to the ground by a solid base, with no open space between the sign and the ground. [Ord. 11-0329 § 3 (Exh. 1).]

“Off-premises directional sign” means a sign which contains no advertising of a commercial nature which is used to direct pedestrian or vehicular traffic circulation to a facility, service or business located on other premises within 660 feet of the sign. [Ord. 11-0329 § 3 (Exh. 1).]

“On-premises sign” means a sign which displays a message which is incidental to and directly associated with the use of the property on which it is located. [Ord. 11-0329 § 3 (Exh. 1).]

“Permanent residential development identification sign” means a permanent sign identifying the residential development upon which the sign is located. [Ord. 11-0329 § 3 (Exh. 1).]

“Portable sign” means a sign which is capable of being moved and is not permanently affixed to the ground, a structure or a building. [Ord. 11-0329 § 3 (Exh. 1).]

“Projecting sign” means any sign which is attached to and supported by the exterior wall of a building with the exposed face of the sign on a plane perpendicular to the wall of the building; projecting more than one foot from the wall of a building and vertical to the ground. [Ord. 11-0329 § 3 (Exh. 1).]

“Time and temperature sign” means an electrically controlled sign that contains messages for date, time, and temperature, which changes at intervals of one minute or less. [Ord. 11-0329 § 3 (Exh. 1).]

“Wall sign” means any sign painted on, or attached directly to and supported by, a building or structure; with the exposed face of the sign on a plane parallel to the portion of the building or structure to which it is attached; projecting no more than one foot from the building or structure; including window signs which are permanently attached. [Ord. 11-0329 § 3 (Exh. 1).]

“Significant tree” means an existing healthy tree that is not a hazard tree and that is at least six inches in diameter at breast height (d.b.h.) as measured at four and one-half feet (54 inches) above the ground. For trees with multiple leaders at four and one-half feet above the ground, the d.b.h. shall be the combined cumulative total of branches greater than six inches diameter at four and one-half feet above the ground. For trees that have been removed and whereas only the stump remains, the size of the tree shall be measured from the diameter of the top of the stump. Replacement trees required as mitigation for removed exceptional trees are considered significant trees, regardless of size. [Ord. 23-0593 § 3 (Exh. B); Ord. 22-0547 § 3 (Exh. B(I)); Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Site area” means the total horizontal area of a project site, less areas below the ordinary high water mark. [Ord. 11-0329 § 3 (Exh. 1).]

“Sleeping unit” means a single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. A sleeping unit in single room occupancy housing is at least 70 square feet (e.g., co-living, dormitories, congregate living facilities, boarding house, rooming house, lodging house, residential suites). There must be at least one shared kitchen facility for sleeping units to be considered single room occupancy housing. In-unit bathrooms are optional in sleeping units, but there must be access to a shared bathroom if an in-unit bathroom is not provided. This differs from a dwelling unit, which requires an in-unit kitchen and bathroom and must be at least 190 square feet. A sleeping unit may not have both private sanitation and kitchen facilities; however, kitchenettes may be allowed. When calculating dwelling unit density for single room occupancy housing, one sleeping unit equals one-fourth dwelling unit. [Ord. 25-0631 § 2 (Exh. A).]

“Small cell” means a wireless communication facility that meets both of the following qualifications:

A. Each antenna is located inside an antenna enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and

B. Primary equipment enclosures are no larger than 17 cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecomm demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch. [Ord. 17-0446 § 2 (Att. A); Ord. 16-0426 § 4 (Att. B).]

“Social card game” is defined as set forth in RCW 9.46.0282, as now in effect or as may be subsequently amended or recodified. [Ord. 11-0329 § 3 (Exh. 1).]

“Social services” means establishments or agencies offering social or rehabilitation services. Subcategories include:

“Social services, correctional” that offer offender rehabilitation, offender self-help, parole or probation services; and

“Social services, noncorrectional” that provide services including, but not limited to, individual and family counseling, welfare, relief, referral, job training, or vocational services. “Social services, noncorrectional” includes social advocacy organizations. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“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:

A. Art;

B. Dance;

C. Music;

D. Cooking;

E. Driving; and

F. Pet obedience training. [Ord. 11-0329 § 3 (Exh. 1).]

“Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community. [Ord. 11-0329 § 3 (Exh. 1).]

“Species, candidate” means fish and wildlife species that the Washington State Department of Fish and Wildlife will review for possible listing as endangered, threatened, or sensitive. [Ord. 24-0624 § 4 (Exh. B).]

“Species, endangered” means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the State or federal government as an endangered species. [Ord. 11-0329 § 3 (Exh. 1).]

“Species of concern” means those species listed an endangered, state threatened, state sensitive, or state candidate, as well as species listed or proposed for listing by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service. [Ord. 24-0624 § 4 (Exh. B).]

“Species, threatened” means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the State or federal government as a threatened species. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Sports club” means an establishment engaged in operating physical fitness facilities and sports and recreation clubs. [Ord. 11-0329 § 3 (Exh. 1).]

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

A. Boarding;

B. Training;

C. Riding lessons;

D. Breeding;

E. Rental; or

F. Personal use. [Ord. 11-0329 § 3 (Exh. 1).]

“Standalone parking” means an establishment engaged in providing parking space for motor vehicles or boats, usually on an hourly, daily or monthly basis. Parking may be provided on a surface lot, in a garage or, in the case of boats, on a storage rack. Standalone parking does not include required parking associated with a use, authorized through a development application.

May include NAICS 81293 (Parking Lots and Garages). [Ord. 14-0391 § 2 (Exh. 1).]

“School districts standard of service” 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 school 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 18.45 KMC are in place to complete the permanent facilities called for in the capital plan. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of flood hazard area regulations, “start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Ord. 19-0488 § 4 (Exh. 2).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Outdoor storage” means the storage of materials outside of a completely enclosed building for more than 24 hours, including items for sale, lease, shipment, processing, maintenance or repair (including vehicles and equipment), and items used in business operations. [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“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 groundwater aquifers, moderating surface and stormwater flows and maintaining the free flowing conveyance of water, sediments and other organic matter. [Ord. 11-0329 § 3 (Exh. 1).]

“Stream” means an area where open surface water produces a defined channel or bed. A defined channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not limited to, bedrock, channels, gravel beds, sand and silt beds, and defined-channel swales. This includes watercourses where there is some component of natural flow (groundwater, spring, etc.) or when an artificial stormwater system is incorporated within a natural stream. A watercourse also includes all surface water connected wetlands that provide or maintain habitat that supports fish. This definition is not meant to include artificially created irrigation ditches, canals, storm or surface water runoff facilities or other wholly artificial watercourses unless they are used by salmonids, created for the purposes of stream mitigation, or are used to convey a watercourse naturally occurring prior to construction. A channel or bed need not contain water year-round, provided there is evidence of at least intermittent flow during years of normal rainfall. [Ord. 24-0624 § 4 (Exh. B); Ord. 19-0488 § 4 (Exh. 2); Ord. 11-0329 § 3 (Exh. 1).]

“Stream reconnaissance report” means a report prepared by an applicant’s qualified consultant to describe a stream and to characterize its conditions, wildlife, habitat values, and water quality. [Ord. 24-0624 § 4 (Exh. B).]

“Street” means a public or recorded private thoroughfare providing pedestrian and vehicular access through neighborhoods and communities and to abutting property. [Ord. 11-0329 § 3 (Exh. 1).]

“Street frontage” means any portion of a lot or combination of lots which directly abut a street. [Ord. 11-0329 § 3 (Exh. 1).]

“Street tree” means trees located within the street right-of-way, adjacent to public or private streets, including undeveloped areas. [Ord. 11-0329 § 3 (Exh. 1).]

“Structure” means anything permanently constructed in or on the ground, or over the water; excluding fences eight feet or less in height, decks less than 18 inches above grade, paved areas, and structural or nonstructural fill. [Ord. 11-0329 § 3 (Exh. 1).]

“Structural diversity” means the relative degree of diversity or complexity of vegetation in a wildlife habitat area as indicated by the stratification or layering of different plan communities (e.g., ground cover, shrub layer, and tree canopy), the variety of plant species, and the spacing or pattern of vegetation. [Ord. 24-0624 § 4 (Exh. B).]

“Subdrainage basin” or “sub-basin” means the drainage area of the highest order stream containing the subject property impact area. “Stream order” is the term used to define the position of a stream in the hierarchy of tributaries in the watershed. The smallest streams are the highest order (first order) tributaries. These are the upper watershed streams and have no tributaries of their own. When two first order streams meet, they form a second order stream, and when two second order streams meet they become a third order stream, and so on. [Ord. 11-0329 § 3 (Exh. 1).]

For purposes of flood hazard area regulations, “substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Ord. 19-0488 § 4 (Exh. 2).]

“Substantial improvement” means any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the maintenance, repair, modification or addition is started or before the damage occurred, if the structure has been damaged and is being restored. [Ord. 11-0329 § 3 (Exh. 1).]

“Supportive living facility” means an assisted living facility, continuing care facility, convalescent center, or nursing home. Supportive living facility does not include an adult family home, community residential facility, hospital, or secure facility.

May include NAICS 6231 (Nursing Care Facilities) and 6233 (Community Care Facilities for the Elderly). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Tandem” is defined as having two or more vehicles, one in front of or behind the others, with a single means of ingress and egress. Parking spaces in tandem must count towards meeting minimum parking requirements at a rate of one space for every 20 linear feet with any necessary provisions for turning radius. [Ord. 25-0631 § 2 (Exh. A).]

“Temporary lodging” means a hotel, motel, bed and breakfast guesthouse, or other facility providing temporary accommodations for travelers for compensation.

May include NAICS 721 (Accommodation), except 72112 (Casino Hotels) and 7212 (RV/Recreational Vehicle Parks and Recreational Camps). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Tower” means any wireless communications structure that is designed and constructed primarily for the purpose of supporting one or more antennas. “Tower” includes a lattice tower or monopole. “Tower” does not include a replacement utility pole or an amateur (ham) radio facility. [Ord. 16-0426 § 4 (Att. B).]

“Trails” means manmade pathways designed and intended for use by pedestrians, bicyclists, equestrians, and/or recreational users. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Transit bus base” means an establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a public transit system. [Ord. 11-0329 § 3 (Exh. 1).]

“High capacity transit” means a transit stop that receives transit services from at least one route that provides service at least four times per hour for 12 or more hours per day. [Ord. 24-0621 § 2 (Exh. A).]

“Transit center” means any facility designed for accommodating large numbers of public transportation passengers to wait, board, and disembark at the intersection of multiple transit routes. [Ord. 11-0329 § 3 (Exh. 1).]

“Major transit stop” means:

A. A stop on a high capacity transportation system funded or expanded under the provisions of Chapter 81.104 RCW;

B. Commuter rail stops;

C. Stops on rail or fixed guideway systems; or

D. Stops on bus rapid transit routes, including those stops that are under construction. [Ord. 25-0630 § 2 (Exh. A).]

“Transitional housing facilities” means housing units within the City owned by public housing authorities, nonprofit organizations or other public interest groups that provide housing to persons on a temporary basis for a duration not to exceed 24 months in conjunction with job training, self sufficiency training, and human services counseling; the purpose of which is to help persons make the transition from homelessness to placement in permanent housing. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

Recodified to KMC 18.20.147 by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

“Transportation” means establishments providing transportation of passengers or cargo, such as taxi and limousine services, scenic and sightseeing transportation businesses, motor vehicle towing, trucking, shipping, or freight hauling businesses. This use includes related support activities, such as cargo handling and packing and crating of cargo. Transportation does not include air transportation service or airport (classified as a regional land use).

May include NAICS Sector 48 (Transportation and Warehousing), except the following: 481 (Air Transportation), 486 (Pipeline Transportation), 4881 (Support Activities for Air Transportation), and 493 (Warehousing and Storage). May include 62191 (Ambulance Services). [Ord. 17-0438 § 2 (Att. A); Ord. 14-0391 § 2 (Exh. 1).]

“Transportation concurrency” means the transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development, as described in KMC 12.80.010(A). Transportation concurrency shall be measured by mobility units, comparing the amount of transportation capital facilities constructed or programmed in the next six years (mobility unit capacity) to the amount of mobility units that would be generated by new development (mobility unit demand). If the City’s mobility unit capacity is larger than the mobility units that would be generated by new development, then the transportation system will be deemed concurrent. [Ord. 16-0420 § 4 (Exh. 2).]

“Tree” means a self-supporting woody perennial plant characterized by one main stem or trunk of at least six inches d.b.h., or a multiple stemmed or trunk system with a definite crown, maturing at a height of at least 12 feet above ground level. The department shall determine whether any specific woody plant shall be considered a tree. [Ord. 11-0329 § 3 (Exh. 1).]

“Exceptional tree” means a tree which because of its unique combination of size, species, and age is worthy of long-term retention for the purposes and values set forth in KMC 18.57.015, and that has been determined to constitute an important community resource and may not be removed or damaged.

A. All healthy specimens of tree species in Table 1 are exceptional trees if they have a diameter at breast height (d.b.h.) equal to or greater than that listed for the respective species. For trees with multiple leaders at four and one-half feet above the ground, the d.b.h. shall be the combined cumulative total of branches greater than six inches diameter at four and one-half feet above the ground. For trees that have been removed and whereas only the stump remains, the size of the tree shall be measured from the diameter of the top of the stump.

B. Any healthy tree with a d.b.h. of 48 inches or greater is an exceptional tree except those in Table 2 that are never considered exceptional.

[Ord. 24-0621 § 2 (Exh. A); Ord. 23-0593 § 3 (Exh. B).]

“Hazard tree” means any tree with any structural defect, disease, damage, or combinations of these which make it subject to a high probability of failure which might cause damage to persons or property. A “hazard tree” includes, but is not limited to, any isolated tree(s) that have a high probability of failure due to low wind-firmness in post-construction conditions as determined by a qualified tree protection professional. [Ord. 11-0329 § 3 (Exh. 1).]

“Remove” or “removal” with regard to trees means the act of removing a tree by digging up, cutting down, or any act which causes a tree to die within a period of three years from such act. [Ord. 11-0329 § 3 (Exh. 1).]

“Tree windthrow” means the process of uprooting, breaking, and overthrowing of a tree by force of wind during a storm event. [Ord. 15-0409 § 2 (Att. B).]

“Unavoidable impact” means adverse impacts to a critical area that remain after all appropriate and practicable avoidance and minimization have been achieved. [Ord. 11-0329 § 3 (Exh. 1).]

“Unit density” means the number of dwelling units allowed on a lot, regardless of lot size. [Ord. 25-0630 § 2 (Exh. A).]

“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. [Ord. 11-0329 § 3 (Exh. 1).]

“Uses, classified” means a use which appears in any list of permitted, conditional, accessory or prohibited uses in this title. [Ord. 11-0329 § 3 (Exh. 1).]

“Uses, permitted” means land uses allowed outright within a zone. [Ord. 11-0329 § 3 (Exh. 1).]

“Uses, prohibited” means any land use not specifically enumerated or permitted as allowable in that district. [Ord. 11-0329 § 3 (Exh. 1).]

“Uses, unclassified” means a use which does not appear in any list of permitted, conditional, accessory, or prohibited uses in this title, but which is interpreted by the city manager as similar to a listed permitted, conditional, accessory, or prohibited use. [Ord. 11-0329 § 3 (Exh. 1).]

“Utility” means an enterprise or facility serving the public by means of an integrated system of collection, transmission, distribution, and processing facilities through more or less permanent physical connections between the plant of the serving entity and the premises of the customer. Included are systems for the delivery of natural gas, electricity, telecommunications services, and water, and for the disposal of sewage. [Ord. 19-0488 § 4 (Exh. 2).]

“Utility facility” means a smaller-scale facility for the distribution or transmission of services to a limited area, including, but not limited to:

A. Telephone exchanges (not including communication facilities);

B. Water pumping or treatment stations or distribution systems;

C. Electrical substations;

D. Water storage reservoirs or tanks;

E. Stormwater management facilities;

F. Repealed by Ord. 14-0391.

G. Natural gas gate stations and limiting stations;

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

I. Sewer lift stations and wastewater treatment or distribution systems; and

J. Pipes, electrical wires and associated structural supports.

Utility facility does not include larger-scale regional facilities that are classified as a regional land use.

May include NAICS Sector 22 (Utilities). [Ord. 14-0391 § 2 (Exh. 1); Ord. 11-0329 § 3 (Exh. 1).]

“Vactor waste” means liquid or solid waste material collected from catch basins, retention/detention facilities or drainage pipes. [Ord. 11-0329 § 3 (Exh. 1).]

“Vactor waste receiving facility” means a facility where vactor waste is brought for treatment and storage prior to final disposal. [Ord. 11-0329 § 3 (Exh. 1).]

“Variance” means an adjustment in the application of standards of a zoning code to a particular property. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Vegetation” means any and all plant life growing at, below or above the soil surface. [Ord. 11-0329 § 3 (Exh. 1).]

“Vehicle or equipment rental” means an establishment that provides vehicles, machinery or equipment to customers in return for a rental payment.

May include NAICS Sectors 5321 (Automotive Equipment Rental and Leasing), 5323 (General Rental Centers), and 5324 (Commercial and Industrial Machinery and Equipment Rental and Leasing). [Ord. 14-0391 § 2 (Exh. 1).]

“Vehicle refueling station” means an establishment retailing automotive fuels, sometimes in combination with convenience store items.

May include NAICS 447 (Gasoline Stations). [Ord. 14-0391 § 2 (Exh. 1).]

“Vocational school” means establishments offering training in a skill or trade to be pursued as a career. [Ord. 11-0329 § 3 (Exh. 1).]

“Warehousing” means establishments providing warehousing and storage of goods, including standalone outdoor storage. Warehouses are distinguished from wholesale trade as warehouses do not sell goods.

May include NAICS Sector 49 (Transportation and Warehousing), except 491 (Postal Service) and 492 (Couriers and Messengers). May include 53113 (Lessors of Miniwarehouses and Self-Storage Units). [Ord. 14-0391 § 2 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Water-dependent use” means a use or portion of a use that cannot exist in a location that is not adjacent to the water, but is dependent on the water by reason of the intrinsic nature of its operations. A use that can be carried out only on, in, or adjacent to water. Examples of water-dependent uses include ship cargo terminal loading areas; fishing; ferry and passenger terminals; barge loading, ship building, and dry docking facilities; marinas, moorage, and boat launching facilities; aquaculture; float plane operations; surface water intake; and sanitary sewer and storm drain outfalls. [Ord. 11-0329 § 3 (Exh. 1).]

“Water resource inventory area (WRIA)” means one of 62 watersheds in the State of Washington, each composed of the drainage areas of a stream or streams, as established in Chapter 173-500 WAC as it existed on January 1, 1997. Kenmore is located in WRIA 8, Lake Washington/Cedar/Sammamish River. [Ord. 11-0329 § 3 (Exh. 1).]

“Weather protection” means awnings, canopies, arcades or marquees which are permanently fixed to buildings and which cover the public sidewalks to provide protection from the weather for pedestrians. Weather protection should allow light and transparency into ground floor uses. [Ord. 11-0329 § 3 (Exh. 1).]

“Wetland edge” means the line delineating the outer edge of a wetland, consistent with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual in use on January 1, 1995, by the United States Army Corps of Engineers and the United States Environmental Protection Agency as implemented through and consistent with the May 23, 1994, “Washington Regional Guidance on the 1987 Wetland Delineation Manual” document issued by the Corps of Engineers and the Environmental Protection Agency. When the State of Washington, Department of Ecology, adopts a manual as required pursuant to a new Section 11 of Engrossed Senate Bill 5776, wetlands regulated under development regulations shall be delineated pursuant to said manual. [Ord. 11-0329 § 3 (Exh. 1).]

“Establishment” or “creation” of a wetland means 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. Activities 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. [Ord. 24-0624 § 4 (Exh. B).]

“Forested wetland” means a wetland which is characterized by woody vegetation at least 20 feet tall. [Ord. 11-0329 § 3 (Exh. 1).]

“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 groundwater 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. [Ord. 11-0329 § 3 (Exh. 1).]

“Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. For identifying and delineating a wetland, local governments shall use the most recently adopted Wetland Rating System for Western Washington. [Ord. 24-0624 § 4 (Exh. B); Ord. 11-0329 § 3 (Exh. 1).]

“Wetland class” means a hierarchy of systems, subsystems, classes, and subclasses used by the U.S. Fish and Wildlife Service wetland classification scheme to describe wetland types (refer to USFWS, December 1979, Classification of Wetlands and Deepwater Habitats of the United States, for a complete explanation of the wetland classification scheme). Eleven class names are used to describe wetland and deepwater habitat types. These include the following examples which may be found in Kenmore: forested wetland, scrub-shrub wetland, emergent wetland, moss-lichen wetland, unconsolidated shore, and aquatic bed. [Ord. 24-0624 § 4 (Exh. B).]

“Wetland determination” means a report prepared by a qualified consultant that identifies, characterizes, and analyzes potential impacts to wetlands consistent with applicable provisions of these regulations. [Ord. 24-0624 § 4 (Exh. B).]

“Wetland delineation manual” means a guideline document used to identify and delineate wetland boundaries. This is the approved federal wetland delineation manual and applicable regional supplements. [Ord. 24-0624 § 4 (Exh. B).]

“Wetland mitigation banking” means the act of restoring, establishing, or enhancing a wetland, stream, or other aquatic resource for the purpose of providing compensation in advance for unavoidable impacts to similar aquatic resources. [Ord. 24-0624 § 4 (Exh. B).]

“Wholesale trade” means an establishment that sell goods for resale by other wholesalers or retailers, capital or durable nonconsumer goods, or raw and intermediate material and supplies used in production. Wholesalers normally operate from a warehouse characterized by little or no display of merchandise. Neither the design nor the location of the premises is intended to solicit walk-in traffic.

May include NAICS Sector 42 (Wholesale Trade). [Ord. 14-0391 § 2 (Exh. 1).]

“Wildlife report” means a report, prepared by a qualified consultant, that evaluates plan communities and wildlife functions and values on a site. [Ord. 24-0624 § 4 (Exh. B).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Wind-firm” means a tree which is capable of withstanding windstorms. [Ord. 11-0329 § 3 (Exh. 1).]

“Wireless communication facility” or “WCF” generally means an unmanned facility for the transmission and/or reception of radio frequency (RF) signals or other wireless communications, typically consisting of one or more antennas, a transmission or alternative transmission support structure, cables and other transmission equipment, and an equipment enclosure or cabinets. Wireless communication facility shall not include equipment intended solely for internal household or business use such as wireless modems, cellular signal boosters, or personal cellular cellspots. [Ord. 16-0426 § 4 (Att. B).]

Repealed by Ord. 16-0426. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“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 as meeting at least three of the following requirements:

A. Is three years old or older;

B. Is extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor, or transmission;

C. Is apparently inoperable;

D. Has an approximate fair market value equal only to the approximate value of the scrap in it. [Ord. 11-0329 § 3 (Exh. 1).]

Repealed by Ord. 17-0438. [Ord. 11-0329 § 3 (Exh. 1).]

“Zero-lot-line development” means a development that sites a building so that a wall is on the property boundary. Lot segregations for zero-lot-line development are discussed in KMC 17.20.125. [Ord. 11-0329 § 3 (Exh. 1).]

“Zero-rise floodway” means the channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation. The zero-rise floodway will always include the FEMA floodway. [Ord. 24-0624 § 4 (Exh. B).]