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Kirkland City Zoning Code

5 Definitions

5.05 User Guide.

The definitions in this chapter apply for this code. Also see definitions contained in Chapter 83 KZC for shoreline management, Chapter 95 KZC for tree management and required landscaping, and Chapter 113 KZC for middle housing that are applicable to those chapters. (Ord. 4905 § 1 (Exh. A), 2025; Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2016; Ord. 4357 § 1, 2012; Ord. 4252 § 1, 2010; Ord. 4120 § 1, 2007)

5.10 Definitions. Revised Amended

The following definitions apply throughout this code unless, from the context, another meaning is clearly intended:

5.05 User Guide.

The definitions in this chapter apply for this code. Also see definitions contained in Chapter 83 KZC for shoreline management, Chapter 95 KZC for tree management and required landscaping, and Chapter 113 KZC for middle housing that are applicable to those chapters. (Ord. 4905 § 1 (Exh. A), 2025; Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2016; Ord. 4357 § 1, 2012; Ord. 4252 § 1, 2010; Ord. 4120 § 1, 2007)

5.10 Definitions. Revised Amended

The following definitions apply throughout this code unless, from the context, another meaning is clearly intended:

5.10.005 Abandoned.

Knowing relinquishment of right or claim to the subject property or structure on that property.

5.10.015 Accessory.

A use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property.

5.10.017 Accessory Dwelling Unit.

A subordinate residence added to, created within, or detached from a single-family structure, that provides basic requirements for living and sanitation that are independent from the primary dwelling unit. (Ord. 4715 § 1, 2020)

5.10.020 Adjoining.

Property that touches or is directly across a street, other than a principal or minor arterial, from the subject property. For the purposes of applying the regulations that limit the height adjoining a low density zone, the regulations shall only apply within an area 100 feet of and parallel to the boundary line of a low density zone (as shown on Plate 18). In cases where the zoning boundary is drawn at the centerline of the right-of-way, the 100-foot area considered to be adjoining shall be determined by measuring from the perimeter property lines of the low density zone. (Ord. 4450 § 1, 2014; Ord. 4437 § 1, 2014; Ord. 3954 § 1, 2004; Ord. 3852 § 1, 2002)

5.10.022 Adult Entertainment Activity or Use.

All of the following:

1. Adult theater means a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined in KZC 5.10.885 and 5.10.884) for observation by patrons therein and which excludes minors by virtue of age.

2. Adult book store means an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined in KZC 5.10.885 and 5.10.884) and which excludes minors by virtue of age.

3. Adult cabaret means a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize “specified anatomical areas” (defined in KZC 5.10.884) and/or whose performance or other activities include or mimic “specified sexual activities” (defined in KZC 5.10.885) and which establishment excludes minors by virtue of age.

5.10.023 Affordable Housing Unit.

1. An owner-occupied dwelling unit reserved for occupancy by eligible households and affordable to households whose household annual income does not exceed the following percent of the King County median household income, adjusted for household size, as determined by the United States Department of Housing and Urban Development (HUD), and no more than 30 percent of the monthly household income is paid for monthly housing expenses (mortgage and mortgage insurance, property taxes, property insurance and homeowners' dues):

a. Eighty percent in the CBD 5A, RH8, TL, HENC 2, PLA 5C, NMU, CVU, and UF zoning districts and for Transit Oriented Development in the PR 1.8 zone; or

b. One hundred percent in density limited zoning districts.

2. A renter-occupied dwelling unit reserved for occupancy by eligible households and affordable to households whose household annual income does not exceed 50 percent of the King County median household income, adjusted for household size, as determined by HUD, and no more than 30 percent of the monthly household income is paid for monthly housing expenses (rent and an appropriate utility allowance).

In the event that HUD no longer publishes median income figures for King County, the City may use any other method for determining the King County median income, adjusted for household size (Ord. 4855 § 1, 2023; Ord. 4733 § 1, 2020; Ord. 4637 § 3, 2018; Ord. 4474 § 1, 2015; Ord. 4222 § 1, 2009; Ord. 3938 § 1, 2004)

5.10.025 Air Rights.

The right to in some manner control the use of the space above the surface of the ground.

5.10.027 All Electric Building.

Buildings that only uses electricity to heat and cool spaces, and heat water. (Ord. 4788 § 1, 2022)

5.10.030 Alluvium.

Soil deposits transported by surface waters.

5.10.035 Alteration.

A change or rearrangement of the structural members or exits in a building; or a change or rearrangement of nonstructural components of a building; or an increase in the height or length or depth of the exterior walls of a building; or the movement of a structure from one location to another; or, for office or commercial buildings, the changing by the use of partitions of more than one-third of the gross floor area of a single floor. (Ord. 4876 § 1, 2024)

5.10.037 Amend.

To change the Zoning Map, text of the Zoning Code, or Comprehensive Plan in accordance with this code.

5.10.040 Applicant.

A person who applies for any permit or approval to do anything governed by this code and who is the owner of the subject property, the authorized agent of the owner, or the City.

5.10.040.2 Area of Permanent Disturbance.

Portion of a critical area or its buffer where the ground surface or vegetation has been legally altered as part of a development action other than a mitigation area. (Ord. 4551 § 4, 2016)

5.10.040.5 Assisted Living Facility.

A state-licensed multi-unit establishment which provides living quarters and a variety of limited personal care and at least a minimal amount of supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent center or nursing home. Supportive health care may include health care monitoring, such as assistance with medication, but is limited to health care services which may be provided by a boarding home licensed under Chapter 18.20 RCW. These facilities may consist of individual dwelling units with a full kitchen, partial kitchen or no kitchen. In addition, these facilities may have a communal dining area, recreational facilities (library, lounge, game room, open space), and/or laundry facilities. Assisted living facilities do not include adult family homes, as defined in Chapter 70.128 RCW.

5.10.041 Assisted Living Unit.

A living unit in which a resident receives medical or health care services. A bedroom is the equivalent of a unit for the purpose of calculating the number of assisted living units.

5.10.043 Automotive Service Center.

Establishment primarily engaged in automotive repair, including the sale and installation of lubricants, tires, batteries, mufflers, and similar accessories.

5.10.045 Average Building Elevation.

The weighted average elevation of the topography, prior to any development activity, either (1) under the footprint of a building as measured by delineating the smallest rectangle which can enclose the building footprint and then averaging the elevations taken at the midpoint of each side of the rectangle, or (2) at the center of all exterior walls of a building or structure. (Ord. 4121 § 1, 2008; Ord. 4072 § 1, 2007; Ord. 3852 § 1, 2002; Ord. 3814 § 1, 2001)

5.10.050 Average Ground Elevation.

The average elevation of the topography, prior to any development activity, at the center of all sides of the structure or improvement.

5.10.055 Average Lot Elevation.

The average elevation of all corners of a lot as measured from natural or existing topography.

5.10.060 Average Parcel Depth.

The average of the distance from the ordinary high water mark to the public right-of-way or vehicular access easement road, whichever provides the direct access to the subject property as measured along the side property lines or the extension of those lines where the water frontage of the subject property ends, the center of the ordinary high water mark of the subject property and the quarter points of the ordinary high water mark of the subject property. See Plate 19. (Ord. 4252 § 1, 2010)

5.10.065 Average Parcel Width.

The average of the distance from the north to the south property lines as measured along the ordinary high water mark and the front property line, or along the east and west property lines if the parcel does not abut the ordinary high water mark of Lake Washington. (Ord. 4252 § 1, 2010; Ord. 4072 § 1, 2007)

5.10.067 Average Slope.

The average grade of a site within each land area representing a distinct topographic change.

5.10.070 Backfill.

Material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation.

5.10.071 Battery Charging Station (Level I, II and III).

An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW as amended and consistent with rules adopted under RCW 19.27.540 as amended. The terms 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:

Level 1 is considered slow charging.

Level 2 is considered medium charging.

Level 3 is considered fast or rapid charging. (Ord. 4350 § 1, 2012)

5.10.071.5 Battery Electric Vehicle (BEV).

Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating. (Ord. 4350 § 1, 2012)

5.10.071.6 Battery Exchange Station.

A facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery. (Ord. 4350 § 1, 2012)

5.10.072 Bay Window.

A projecting bay from an exterior wall of a structure that contains window glazing over at least 50 percent of any surface of the bay that does not lie perpendicular to the exterior wall. The bay window may be directly supported by a foundation or it may be cantilevered out from an exterior wall. (Ord. 4072 § 1, 2007)

5.10.075 Bearing Capacity.

The ability of a soil to support a structure, as measured in pounds per square foot.

5.10.077 Bed and Breakfast House.

An owner-occupied detached dwelling unit that contains guest rooms where lodging with or without meals is provided for compensation. Bed and breakfast houses, as defined, are home occupations pursuant to this code.

5.10.078 Best Available Science.

Current scientific information used in the process to designate, protect, or restore critical areas; that is, derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925, as amended. (Ord. 4551 § 4, 2016)

5.10.079 Best Management Practices (BMPs).

Conservation practices or systems of practices and management measures that:

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

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

3. Protect trees, vegetation, and soils designated to be retained during and following site construction and native plant species appropriate to the site for re-vegetation of disturbed areas; and

4. Provide standards for proper use of chemical herbicides within critical areas. (Ord. 4551 § 4, 2016)

5.10.079.5 Bog.

A low-nutrient, acidic peat wetland with organic soils and characteristic bog plants. (Ord. 4551 § 4, 2016)

5.10.080 Bond.

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

5.10.085 Buffer, Land Use.

Any structural, earth or vegetative form that is located along a boundary for the purpose of minimizing visual and noise impacts. Land use buffers may include, but are not limited to, berms, high shrubs, dense stands of trees, trellises and fences. (Ord. 4010 § 3, 2005)

5.10.090 Building.

A roofed structure used for or intended for human occupancy.

5.10.095 Building-Mounted.

All of the following: wall-mounted signs, marquee signs, under marquee signs and projecting signs.

5.10.005 Abandoned.

Knowing relinquishment of right or claim to the subject property or structure on that property.

5.10.015 Accessory.

A use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property.

5.10.017 Accessory Dwelling Unit.

A subordinate residence added to, created within, or detached from a single-family structure, that provides basic requirements for living and sanitation that are independent from the primary dwelling unit. (Ord. 4715 § 1, 2020)

5.10.020 Adjoining.

Property that touches or is directly across a street, other than a principal or minor arterial, from the subject property. For the purposes of applying the regulations that limit the height adjoining a low density zone, the regulations shall only apply within an area 100 feet of and parallel to the boundary line of a low density zone (as shown on Plate 18). In cases where the zoning boundary is drawn at the centerline of the right-of-way, the 100-foot area considered to be adjoining shall be determined by measuring from the perimeter property lines of the low density zone. (Ord. 4450 § 1, 2014; Ord. 4437 § 1, 2014; Ord. 3954 § 1, 2004; Ord. 3852 § 1, 2002)

5.10.022 Adult Entertainment Activity or Use.

All of the following:

1. Adult theater means a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined in KZC 5.10.885 and 5.10.884) for observation by patrons therein and which excludes minors by virtue of age.

2. Adult book store means an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined in KZC 5.10.885 and 5.10.884) and which excludes minors by virtue of age.

3. Adult cabaret means a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize “specified anatomical areas” (defined in KZC 5.10.884) and/or whose performance or other activities include or mimic “specified sexual activities” (defined in KZC 5.10.885) and which establishment excludes minors by virtue of age.

5.10.023 Affordable Housing Unit.

1. An owner-occupied dwelling unit reserved for occupancy by eligible households and affordable to households whose household annual income does not exceed the following percent of the King County median household income, adjusted for household size, as determined by the United States Department of Housing and Urban Development (HUD), and no more than 30 percent of the monthly household income is paid for monthly housing expenses (mortgage and mortgage insurance, property taxes, property insurance and homeowners' dues):

a. Eighty percent in the CBD 5A, RH8, TL, HENC 2, PLA 5C, NMU, CVU, and UF zoning districts and for Transit Oriented Development in the PR 1.8 zone; or

b. One hundred percent in density limited zoning districts.

2. A renter-occupied dwelling unit reserved for occupancy by eligible households and affordable to households whose household annual income does not exceed 50 percent of the King County median household income, adjusted for household size, as determined by HUD, and no more than 30 percent of the monthly household income is paid for monthly housing expenses (rent and an appropriate utility allowance).

In the event that HUD no longer publishes median income figures for King County, the City may use any other method for determining the King County median income, adjusted for household size (Ord. 4855 § 1, 2023; Ord. 4733 § 1, 2020; Ord. 4637 § 3, 2018; Ord. 4474 § 1, 2015; Ord. 4222 § 1, 2009; Ord. 3938 § 1, 2004)

5.10.025 Air Rights.

The right to in some manner control the use of the space above the surface of the ground.

5.10.027 All Electric Building.

Buildings that only uses electricity to heat and cool spaces, and heat water. (Ord. 4788 § 1, 2022)

5.10.030 Alluvium.

Soil deposits transported by surface waters.

5.10.035 Alteration.

A change or rearrangement of the structural members or exits in a building; or a change or rearrangement of nonstructural components of a building; or an increase in the height or length or depth of the exterior walls of a building; or the movement of a structure from one location to another; or, for office or commercial buildings, the changing by the use of partitions of more than one-third of the gross floor area of a single floor. (Ord. 4876 § 1, 2024)

5.10.037 Amend.

To change the Zoning Map, text of the Zoning Code, or Comprehensive Plan in accordance with this code.

5.10.040 Applicant.

A person who applies for any permit or approval to do anything governed by this code and who is the owner of the subject property, the authorized agent of the owner, or the City.

5.10.040.2 Area of Permanent Disturbance.

Portion of a critical area or its buffer where the ground surface or vegetation has been legally altered as part of a development action other than a mitigation area. (Ord. 4551 § 4, 2016)

5.10.040.5 Assisted Living Facility.

A state-licensed multi-unit establishment which provides living quarters and a variety of limited personal care and at least a minimal amount of supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent center or nursing home. Supportive health care may include health care monitoring, such as assistance with medication, but is limited to health care services which may be provided by a boarding home licensed under Chapter 18.20 RCW. These facilities may consist of individual dwelling units with a full kitchen, partial kitchen or no kitchen. In addition, these facilities may have a communal dining area, recreational facilities (library, lounge, game room, open space), and/or laundry facilities. Assisted living facilities do not include adult family homes, as defined in Chapter 70.128 RCW.

5.10.041 Assisted Living Unit.

A living unit in which a resident receives medical or health care services. A bedroom is the equivalent of a unit for the purpose of calculating the number of assisted living units.

5.10.043 Automotive Service Center.

Establishment primarily engaged in automotive repair, including the sale and installation of lubricants, tires, batteries, mufflers, and similar accessories.

5.10.045 Average Building Elevation.

The weighted average elevation of the topography, prior to any development activity, either (1) under the footprint of a building as measured by delineating the smallest rectangle which can enclose the building footprint and then averaging the elevations taken at the midpoint of each side of the rectangle, or (2) at the center of all exterior walls of a building or structure. (Ord. 4121 § 1, 2008; Ord. 4072 § 1, 2007; Ord. 3852 § 1, 2002; Ord. 3814 § 1, 2001)

5.10.050 Average Ground Elevation.

The average elevation of the topography, prior to any development activity, at the center of all sides of the structure or improvement.

5.10.055 Average Lot Elevation.

The average elevation of all corners of a lot as measured from natural or existing topography.

5.10.060 Average Parcel Depth.

The average of the distance from the ordinary high water mark to the public right-of-way or vehicular access easement road, whichever provides the direct access to the subject property as measured along the side property lines or the extension of those lines where the water frontage of the subject property ends, the center of the ordinary high water mark of the subject property and the quarter points of the ordinary high water mark of the subject property. See Plate 19. (Ord. 4252 § 1, 2010)

5.10.065 Average Parcel Width.

The average of the distance from the north to the south property lines as measured along the ordinary high water mark and the front property line, or along the east and west property lines if the parcel does not abut the ordinary high water mark of Lake Washington. (Ord. 4252 § 1, 2010; Ord. 4072 § 1, 2007)

5.10.067 Average Slope.

The average grade of a site within each land area representing a distinct topographic change.

5.10.070 Backfill.

Material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation.

5.10.071 Battery Charging Station (Level I, II and III).

An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW as amended and consistent with rules adopted under RCW 19.27.540 as amended. The terms 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:

Level 1 is considered slow charging.

Level 2 is considered medium charging.

Level 3 is considered fast or rapid charging. (Ord. 4350 § 1, 2012)

5.10.071.5 Battery Electric Vehicle (BEV).

Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating. (Ord. 4350 § 1, 2012)

5.10.071.6 Battery Exchange Station.

A facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery. (Ord. 4350 § 1, 2012)

5.10.072 Bay Window.

A projecting bay from an exterior wall of a structure that contains window glazing over at least 50 percent of any surface of the bay that does not lie perpendicular to the exterior wall. The bay window may be directly supported by a foundation or it may be cantilevered out from an exterior wall. (Ord. 4072 § 1, 2007)

5.10.075 Bearing Capacity.

The ability of a soil to support a structure, as measured in pounds per square foot.

5.10.077 Bed and Breakfast House.

An owner-occupied detached dwelling unit that contains guest rooms where lodging with or without meals is provided for compensation. Bed and breakfast houses, as defined, are home occupations pursuant to this code.

5.10.078 Best Available Science.

Current scientific information used in the process to designate, protect, or restore critical areas; that is, derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925, as amended. (Ord. 4551 § 4, 2016)

5.10.079 Best Management Practices (BMPs).

Conservation practices or systems of practices and management measures that:

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

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

3. Protect trees, vegetation, and soils designated to be retained during and following site construction and native plant species appropriate to the site for re-vegetation of disturbed areas; and

4. Provide standards for proper use of chemical herbicides within critical areas. (Ord. 4551 § 4, 2016)

5.10.079.5 Bog.

A low-nutrient, acidic peat wetland with organic soils and characteristic bog plants. (Ord. 4551 § 4, 2016)

5.10.080 Bond.

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

5.10.085 Buffer, Land Use.

Any structural, earth or vegetative form that is located along a boundary for the purpose of minimizing visual and noise impacts. Land use buffers may include, but are not limited to, berms, high shrubs, dense stands of trees, trellises and fences. (Ord. 4010 § 3, 2005)

5.10.090 Building.

A roofed structure used for or intended for human occupancy.

5.10.095 Building-Mounted.

All of the following: wall-mounted signs, marquee signs, under marquee signs and projecting signs.