A. Promote consistency and precision in the interpretation of this title;

B. Define (and illustrate, where necessary) certain words, terms and phrases in the interest of reducing to a minimum the misunderstanding which may occur in the absence of such definition. (Ord. 583 §2.09(A), 1980).

“Abutting” means having a common boundary except that parcels having no common boundary other than a common corner shall not be considered abutting. (Ord. 583 §2.09(C) (part), 1980).

“Accessory building” means a building, or structure, or portion of a building, devoted to an activity or use subordinate to the principal use of the premises, but located on the same lot as the principal use. (Ord. 1044 §2, 1996; Ord. 583 §2.09(C) (part), 1980).

“Accessory dwelling” is a separate living unit (apartment) integrated within a single family dwelling, or one located as a detached accessory dwelling located on the same lot as a single family dwelling. Accessory dwellings shall be subordinate to the main home, limited in size and scope according to the criteria of LMC 14.23.071 and generally limited to 850 square feet in floor area or one-half the size of the main unit, whichever is smaller. Provided, the size may be adjusted based upon specific circumstances applicable to the subject site. During design review of the ADU application, an increase in size may be permitted or a decrease in the size required. Consistent with the guidance of LMC 14.23.071, the size permitted will be dependent upon the individual circumstances and design challenges of the specific lot where the ADU is proposed. For the purposes of calculating residential density, the ADU shall not count as a dwelling unit. There shall not be more than one accessory dwelling located on a lot in addition to the single family dwelling. (Ord. 1367 §1, 2011; Ord. 1024 §16, 1995).

“Accessory living quarters” means living quarters, which may include kitchen facilities, within an accessory building or the main building for the sole use of persons employed on the premises and not rented or otherwise used as a separate dwelling. (Ord. 583 §2.09(C) (part), 1980).

“Accessory use” means a use customarily incidental and/or subordinate to the principal use of the land or building site, or to a building or other structure located on the same building site as the accessory use. (Ord. 583 §2.09(C) (part), 1980).

“Gross acres or acreage” means the total area of a parcel of land, excluding lakes, stream beds, and wetland areas, and may be expressed in square feet or fractions of an acre. (Ord. 1024 §17, 1995; Ord. 583 §2.09(C) (part), 1980).

“Adjacent” means to be separated by common property lines, lot lines, or an alley; abutting, adjoining, contiguous, or touching. (Ord. 1539 §32, 2019).

“Adult family home” means the regular family abode of a person or persons who are providing personal care, room and board under a license issued pursuant to RCW 70.128.060 to more than one but not more than six adults with functional disabilities who are not related by blood or marriage to the person or persons providing the services. (Ord. 1539 §33, 2019; Ord. 931 §2 (part), 1992).

“Alley” means a public or private way or easement having a width of not more than twenty feet, nor less than ten feet, which affords a secondary access to abutting property generally running down the middle of a block of lots and is not intended for primary access from a dedicated street, and is not intended for general traffic circulation. (Ord. 1044 §§3-4, 1996; Ord. 1024 §17, 1995; Ord. 583 §2.09(C) (part), 1980).

“Amendment” means any change, modification, deletion, or addition to the wording, text or substance of the zoning ordinance, or any change, modification, deletion, or addition to the application of the zoning ordinance to property within the city, including any alteration in the boundaries of a zone, when adopted by ordinance passed by the city council. (Ord. 583 §2.09(C) (part), 1980).

“Arcade” means a continuous covered area, open to the public at all times, having direct access from all the streets or plazas which it adjoins or connects. (Ord. 871 §2 (part), 1989).

“Shopping arcade” means a continuous covered area open to the public at all times, having direct access from all the streets or plazas which it adjoins or connects, devoted to consumer shopping uses such as, but not limited to, flower and gift shops, indoor-outdoor cafes, art galleries and similar specialty shops readily accessible to the public from it. To help ensure that required consumer shopping uses are retained and the public interest served, in the event such spaces cease to function for their intended purpose, the actual area so affected or an equivalent area shall be converted into readily accessible public space either as additional plazas, arcades or public display areas. (Ord. 871 §2 (part), 1989).

“Attic story” means any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business, storage, or habitation. An attic story shall be counted as a story. (Ord. 583 §2.09(C) (part), 1980).

“Automobile-oriented use” means any use of land which provides a service directly to a motor vehicle; or which provides goods or services to the occupants of a motor vehicle while seated therein; or which is a freestanding eating establishment characterized by over-the-counter service of pre-prepared or quickly prepared food which is ready to eat and packaged primarily for consumption in vehicles or off-premises. For the purpose of this chapter, automobile-oriented uses shall include, but not be limited to, such uses as service stations having no more than three interior service stalls, car washes, drive-in banks, drive-in laundries or dry cleaners, and free-standing drive-in or carry-out eating establishments. Automobile-oriented uses shall not be interpreted to include vehicle sale, rental and service establishments. (Ord. 871 §2 (part), 1989).

“Automobile wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of five or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. (Ord. 583 §2.09(C) (part), 1980).

“Awning” means a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. (Ord. 871 §2 (part), 1989).

“Basement” means that portion of a building between floor and ceiling, which is partly below and partly above the finished grade, but so located that the vertical distance from the finished grade to the floor below is less than the vertical distance from the finished grade to the ceiling. If a basement has a ceiling height of seven feet or more, it shall be considered a story unless it is used exclusively for parking, storage, and/or housing of mechanical or central heating equipment. (See Table 16T-01. See also LMC 16.06.220, Cellar.) (Ord. 1380 §1, 2012; Ord. 283 §2.09(C) (part), 1973).

“Bed and breakfast” means an owner-occupied residence or detached guesthouse providing transient lodging accommodations in up to three rooms. Breakfast may be served only to overnight guests of the bed and breakfast. (Ord. 1539 §34, 2019).

“Bioretention” means engineered facilities that store and treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to the current City of Lacey Stormwater Design Manual for bioretention design standards. (Ord. 1496 §34, 2016).

“Boardinghouse” or “roominghouse” means a dwelling unit having only one kitchen, and used for the lodging (with or without meals), for compensation, of not more than five persons in addition to the related family members or operator of such dwelling unit. (Ord. 283 §2.09(C) (part), 1973).

“Buffer” means an area of land, natural vegetation, or a structure used or created for the purpose of insulating or separating a structure or land use from other uses or structures in such manner as to reduce or mitigate adverse impacts of one on the other. (Ord. 1024 §17, 1995; Ord. 283 §2.09(C) (part), 1973).

“Buildable area” means that portion of the land that remains after the required yards, rights-of-way, critical areas and their buffers, tree tracts, open spaces and similar required land uses have been excluded from the project site. (Ord. 1380 §1, 2012; Ord. 283 §2.09(C) (part), 1973).

“Building” means any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind. (Ord. 583 §2.09(C) (part), 1980).

“Building coverage” means the amount or percentage of ground area covered or occupied by a building or buildings; usually expressed in square feet or percentage of land on the lot, and measured horizontally at the foundation. (See also LMC 16.04.270, Development coverage.) (Ord. 583 §2.09(C) (part), 1980).

“Building height” means the vertical distance from average grade level to the highest point of a building or structure, excluding any chimney, antenna or similar appurtenance. (See Table 16T-02.) (Ord. 583 §2.09(C) (part), 1980).

“Building line” means a line normally considered the outside of the foundation wall. (Ord. 1380 §1, 2012; Ord. 583 §2.09(C) (part), 1980).

“Cellar” means that portion of a building between floor and ceiling which is wholly or partly below the finished grade, and is so located that the vertical distance from the finished grade to the floor below is equal to, or greater than, the vertical distance from the finished grade to the ceiling. (See Table 16T-01. See also LMC 16.06.140, Basement.) (Ord. 1380 §1, 2012; Ord. 583 §2.09(C) (part), 1980).

“City” means the city of Lacey. (Ord. 583 §2.09(B)(5)(c), 1980).

“Conditional uses” means certain uses which, because of special requirements, unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding property and for other similar reasons, may be allowed in certain use districts only by the granting of a conditional use permit by the city council. (Ord. 583 §2.09(C) (part), 1980).

“County” means Thurston County. (Ord. 583 §2.09(B)(5)(d), 1980).

“Inner court” means an open area, unobstructed from the ground to the sky, which is bounded on more than three sides by the exterior walls of one or more buildings. (Ord. 871 §2 (part), 1989).

“Outer court” means an open area, unobstructed from the ground to the sky, which is bounded on not more than three sides by the exterior walls of one or more buildings. (Ord. 871 §2 (part), 1989).

“Deck” means a flat surface capable of supporting weight, similar to a floor, typically constructed outdoors, elevated from the ground, and usually connected to a building. (Ord. 1539 §35, 2019).

“Density” means the permissible number of dwelling units that may be developed on a specific amount of land area, measured in number of dwelling units per acre calculated on the gross area of the lot. (Ord. 1539 §36, 2019; Ord. 583 §2.09(C) (part), 1980).

“Development coverage” means the amount or percentage of ground area covered by impervious surfaces (i.e., surfaces which do not absorb moisture, specifically rainwater). Therefore, impervious surfaces include rooftops and all paved surfaces such as parking areas, roads, driveways, walkways and the like. (Ord. 583 §2.09(C) (part), 1980).

“Drive-in use” means an establishment which by design, physical facilities, service or packaging procedures encourages or permits customers to receive services, obtain goods or be entertained while remaining in a motor vehicle. (Ord. 871 §2 (part), 1989).

“Duplex” means one building containing two single-family dwelling units totally separated from each other by a fire wall or floor. (Ord. 1539 §37, 2019).

“Dwelling” means a building, or portion thereof designed exclusively for residential purposes, including one-family, two-family, multiple-family or apartment dwellings and manufactured homes. (Ord. 1539 §38, 2019; Ord. 583 §2.09(C) (part), 1980).

“Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking and sanitation. (Ord. 583 §2.09(C) (part), 1980).

“Easement” means a recorded right of interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over such land. (Ord. 583 §2.09(C) (part), 1980).

“Emergency medical center” means a facility that is structurally separate and distinct from a hospital; is staffed by doctors, nurses and medical support staff; is open twenty-four hours; provides level 3 to level 5 trauma and emergency medical care and may have an ambulance bay to allow for hospital transport. Services typically include imaging and radiology services and equipment that may include CT scanners, ultrasounds and x-ray machines, and an on-site lab. Emergency medical centers do not have operating or inpatient rooms, meaning patients who need hospital admission for observation, enhanced treatment or surgeries are transported to a hospital. (Ord. 1539 §39, 2019; Ord. 1380 §1, 2012; Ord. 583 §2.09(C) (part), 1980).

“Enforcing officer” means the director of community and economic development or the person designated to enforce the provisions of this title. (Ord. 1539 §40, 2019).

“Factory-built home” means a structure constructed in a factory of assembled parts and transported to the building site, in whole or in units, which meets the requirements of the State of Washington Building Code. The completed structure is not a mobile/manufactured home. (Ord. 1208 §61, 2003; Ord. 691 §3, 1984).

“Family” means an individual, or two or more persons living together in a dwelling unit as a single housekeeping unit. (Ord. 583 §2.09(C) (part), 1980).

“Family home child care” means a facility licensed by the state where child care is provided for twelve or fewer children in the family living quarters where the licensee resides as provided in RCW 43.215.010(1)(c). (Ord. 1539 §41, 2019).

“Federal” means the Government of the United States. (Ord. 583 §2.09(B)(5)(e), 1980).

“Floor area” means the sum of the gross horizontal area of the floor or floors measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and all horizontal areas having a ceiling height of seven feet or more, but excluding all parking and loading spaces, cellars, unroofed areas, roofed areas open on two sides, areas having ceiling height of less than seven feet and basements used exclusively for storage or housing of mechanical or central heating equipment. (Ord. 583 §2.09(C) (part), 1980).

A. “Gross floor area” means the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term gross floor area includes basements, elevator shafts and stairwells at each story, floor space used for mechanical equipment with structural head room, interior balconies, and mezzanines.

B. The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be computed by counting each ten feet of height or fraction thereof, as being equal to one floor.

C. The term gross floor area shall not include cellars, or outside balconies that do not exceed a projection of six feet beyond the exterior walls of the building. Parking structures below grade and rooftop mechanical structures are excluded from gross floor area. (Ord. 871 §2 (part), 1989).

“Net floor area” means the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the centerline of walls separating two or more buildings. The term net floor area shall include outdoor display areas for the sale, rental and display of recreational vehicles, boats and boating equipment, trailers, horticultural items, farm or garden equipment and other similar products, but shall exclude areas designed for permanent uses such as toilets, utility closets, malls enclosed or not, truck tunnels, enclosed parking areas, meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire corridors, stairwells, elevators and escalators. (Ord. 871 §2 (part), 1989).

“Floor area ratio (FAR)” means dividing the gross floor area of all buildings on a lot by the area of that lot. (Ord. 871 §2 (part), 1989).

“Parking garage” means a structure, or part thereof, used only for the storage of vehicles by the public and including the sale of automobile fuels, lubricants, radiator fluids and accessories; and the performance of incidental services including tire changing, tube repairing, lubrication and washing. (Ord. 871 §2 (part), 1989).

“Private customer and employee garage” means a structure that is accessory to a nonretail commercial or manufacturing establishment, building or use and is primarily for the parking and storage of vehicles operated by the customers, visitors and employees of such building, and which is not available to the general public. (Ord. 871 §2 (part), 1989).

“Average grade” means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site. (Ord. 583 §2.09(C) (part), 1980).

“Natural grade” means the elevation of the ground surface in its natural state, before human-made alterations. (Ord. 871 §2 (part), 1989).

“Gross area” means all land, excluding tidelands, within the exterior boundaries of the development, including but not limited to land allocated for open space and land to be dedicated for streets or roads. (Ord. 1539 §42, 2019).

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15) except radioactive wastes and except for moderate risk waste as set forth in RCW 70.105.010(17). (Ord. 1310 §17, 2008).

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, in Chapter 173-303 WAC. (Ord. 835 §2, 1988).

“Hazardous waste treatment” means the physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. 835 §3, 1988).

“Hearings examiner” means the hearings examiner of the city of Lacey. (Ord. 583 §2.09(B)(5)(b), 1980).

“Homeless encampment” means a temporary encampment, hosted by a religious organization to provide temporary shelter for homeless persons. (Ord. 1410 §1 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §2, 2009; Ord. 1307 §2, 2008).

“Horticultural activity” means the raising of plants for the use of the plants or their products, generally for food production, but may also include ornamental uses; examples include vegetable raising, P-Patch community gardens, raising flowers, orchards, vineyards and similar activities. (Ord. 1368 §3, 2011).

“Hospital” means a medical institution or facility within an integrated campus setting for the purpose of diagnosis, care, and treatment of human illness, including surgery, long-term and emergency medical treatment. (Ord. 1539 §43, 2019; Ord. 1410 §1 (part), 2013; Ord. 1346 §1, 2010; Ord. 1326 §3, 2009; Ord. 1307 §3, 2008).

“Host agency” means a religious organization that owns or has a leasehold interest in property to be used for a temporary homeless encampment that makes an application for a temporary use permit for providing basic services and support to temporary homeless encampment residents. (Ord. 1539 §44, 2019).

“Hotel” means any building containing six or more guest rooms where lodging, with or without meals, is provided for compensation, and where no provisions are made for cooking in any individual room or suite. (Ord. 583 §2.09(C) (part), 1980).

“Housing for people with functional disabilities” means housing used, or intended for use, by persons with functional disabilities. The term includes, but is not limited to, adult family homes, residential care facilities and housing for any supported living arrangement, as herein defined. (Ord. 931 §2 (part), 1992).

“Industrial park” means a large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics and compatibility. (Ord. 871 §2 (part), 1989).

“Kennel” means a place where adult dogs or cats are kept by persons providing facilities for breeding and the offspring thereof are sold for profit, or where such dogs or cats are received for care, training and boarding for compensation, but not including a small animal hospital, clinic or pet shop. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of six months. (Ord. 1539 §45, 2019; Ord. 1024 §17, 1995; Ord. 583 §2.09(C) (part), 1980).

“Key multimodal corridor” means streets designated as key multimodal corridors on the comprehensive land use plan map or zoning map. These corridors are intended to provide a range of options for transportation including pedestrians, bikes, transit and automobiles. Corridors are strategically located to provide an interconnected network of streets that serve and connect key areas of each neighborhood and have special design review requirements under Chapter 14.23. (Ord. 1024 §18, 1995).

“Kiosk” means a freestanding structure upon which temporary information and/or posters, notices and announcements are posted. (Ord. 871 §2 (part), 1989).

“Lacey comprehensive land use plan” means the comprehensive land use plan for the Lacey urban growth area, as adopted, and as amended from time to time. (Ord. 1024 §19, 1995; Ord. 583 §2.09(B)(5)(g), 1980).

“Large farm animal” means this term shall refer to varieties of large animals used in urban agricultural activities for production of food, their products, or use such as cows, sheep, goats, horses, swine and other similar sized farm animals. Miniature varieties of farm animals such as pygmy goats shall not be considered large farm animals. (Ord. 1368 §4, 2011).

“Limited animal husbandry” means the keeping of animals for the use or the sale of their products, such as meat, milk or eggs. Examples of animal husbandry uses are raising poultry for eggs and meat, raising rabbits for meat, keeping goats or cows for milk or meat, keeping bees for honey or pollination of plants and other similar activities. (Ord. 1368 §5, 2011).

“Lot” means a platted or unplatted parcel of land unoccupied, occupied or intended to be occupied by a principal use or building and accessory buildings, together with all yards, open spaces and setbacks required by this title. (Ord. 583 §2.09(C) (part), 1980).

“Lot area” means the total land space or area contained within the boundary lines of any lot, tract or parcel of land and may be expressed in square feet or acres. (Ord. 583 §2.09(C) (part), 1980).

“Corner lot” means a lot that abuts two or more intersecting streets. (Ord. 583 §2.09(C) (part), 1980).

“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured within the lot boundaries. (See Table 16T-04.) (Ord. 583 §2.09(C) (part), 1980).

“Flag lot” means a lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way or where the street frontage of the lot is less than the lot width required by this code which would result in a narrow portion of the property being used as access to the main portion of the lot. (Ord. 1218 §4, 2004; Ord. 871 §2 (part), 1989).

“Front lot line” means that boundary of a lot which is located along an existing or dedicated public street, or, where no public street exists, along a public right-of-way or private way. (Ord. 583 §2.09(C) (part), 1980).

“Interior lot” means a lot that has frontage on one street only. (Ord. 583 §2.09(C) (part), 1980).

“Rear lot line” means the lot line which is opposite and most distant from the front lot line, except, in the case of a triangular or pie-shaped lot, it means a straight line ten feet in length which: (l) is parallel to the front lot line; or, (2) intersects the two other lot lines at points most distant from the front lot line. (Ord. 583 §2.09(C) (part), 1980).

“Through lot” means a lot that fronts on two parallel or nearly parallel streets. (See Table 16T-03.) (Ord. 583 §2.09(C) (part), 1980).

“Lot width” means the horizontal distance between side lot lines measured at right angles to the lines comprising the depth of the lot at a point midway between the front lot line and the rear lot line. (See Table 16T-04.) (Ord. 583 §2.09(C) (part), 1980).

“Low impact development (LID) facility” means distributed stormwater management practices, integrated into a project design that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID facilities include, but are not limited to: bioretention, rain gardens, permeable paving, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. (Ord. 1496 §36, 2016).

“Low impact development (LID) principles” means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. (Ord. 1496 §37, 2016).

“Major pedestrian corridor” means 6th Avenue SE between College and Sleater-Kinney Streets. (Ord. 1131 §5, 2000; Ord. 871 §2 (part), 1989).

A. A shaded walk or public promenade; or

B. A shopping center where stores front on both sides of a pedestrian way that may be enclosed or open. (Ord. 871 §2 (part), 1989).

A. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

B. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and

C. Has exterior siding similar in appearance to siding materials commonly used on site built single family homes built according to the International Building Code. (Ord. 1243 §11, 2005).

“Marquee” means any hood, canopy, awning or permanent construction that projects from a wall of a building, usually above an entrance. (Ord. 871 §2 (part), 1989).

“Mixed use development (MUD)” means the development of a tract of land or building or structure with two or more different uses such as, but not limited to, residential, office, manufacturing, retail, public or entertainment in a compact urban form. (Ord. 871 §2 (part), 1989).

“Motel” means a building or group of buildings containing guest rooms which may or may not contain cooking facilities, and where lodging with or without meals is provided for compensation. Motels are designed to accommodate the automobile tourist or transient, and parking spaces or garages are conveniently located near each guest room. (Ord. 583 §2.09(C) (part), 1980).

“Multifamily” means three or more living units under the same ownership where land has not been divided, i.e., triplex, quadraplex, condominiums, housing cooperatives and apartment units. (Ord. 1539 §47, 2019; Ord. 1480 §11, 2015; Ord. 1024 §20, 1995).

“Multiple use building” means a building containing uses from more than one land use classification. (Ord. 871 §2 (part), 1989).

“Native vegetation” means vegetation including trees, comprised of plant species that are either indigenous or naturalized to the Puget Sound region. Native vegetation does not include noxious weeds. (Ord. 1496 §38, 2016).

“Nonconforming building or structure” means a building, structure, or portion thereof that was legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform with the requirements of this title. (Ord. 583 §2.09(C) (part), 1980).

“Nonconforming lot” means a parcel of land, in separate ownership, and of record prior to the effective date of the ordinance codified in this title, which does not conform with the dimensional or area requirements of this title. (Ord. 583 §2.09(C) (part), 1980).

“Nonconforming use” means an activity in a structure or on a tract of land that was legally in existence prior to the effective date of the ordinance codified in this title, which does not conform with the use regulations of the use district in which it is located. (Ord. 583 §2.09(C) (part), 1980).

“Off-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous wastes generated on properties other than those on which the off-site facilities are located. (Ord. 835 §4, 1988).

“On-site hazardous waste treatment and storage facility” means treatment and storage facilities which treat and store hazardous wastes generated on the same property. (Ord. 835 §5, 1988).

“Office” means a room, studio, suite or building in which a person transacts his/her business or carries on his/her stated occupation, further defined in some provisions as business office. For the purpose of this chapter, an office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods and products; or the sale and delivery of any materials, goods or products that are physically located on the premises. An office shall not be deemed to include a veterinary clinic. (Ord. 871 §2 (part), 1989).

“Business office” means any room, studio, suite or building wherein the primary use is the conduct of a business such as accounting, correspondence, research, editing, administration or analysis; or the conduct of a business by salespersons, sales representatives or manufacturer’s representatives, or the conduct of a business by professionals such as engineers, architects, land surveyors, artists, musicians, lawyers, accountants, real estate brokers, insurance agents, dentists or physicians, urban planners and landscape architects, but specifically excluding veterinarians. (Ord. 871 §2 (part), 1989).

“Medical office” means the offices of doctors, dentists, chiropractors, optometrists, and other health practitioners providing outpatient care. It also includes medical and dental laboratories, blood banks, and the like. (Ord. 1539 §48, 2019).

“Open space” means that portion of a lot or parcel not developed or built upon or occupied by buildings, parking areas, driveways and the like; generally the front, rear and side yards of a lot. (Ord. 583 §2.09(C) (part), 1980).

“Common open space” means that portion of lot or parcel not developed, built upon or occupied by buildings, parking areas, driveways and the like; other than minimal appurtenances such as walkways designed and intended to make such open space usable and accessible, and the use of which is intended for and accessible to all of the persons residing in the development of which the open space is a part. (Ord. 583 §2.09(C) (part), 1980).

“Usable open space” means undeveloped or unbuilt portions of land designed and maintained in a manner which makes such open space accessible and usable by and for the persons for whom the space is intended. (Ord. 583 §2.09(C) (part), 1980).

“Parcel” means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same person. (Ord. 583 §2.09(C) (part), 1980).

“Parking area” means an open area, other than a street or alley, which contains one or more parking spaces, and the aisles which provide access to such spaces. (Ord. 583 §2.09(C) (part), 1980).

“Off-street parking” means an area devoted to the parking of vehicles and located within the boundaries of a lot. (Ord. 871 §2 (part), 1989).

“Parking space” means an unobstructed space or area other than a street or alley which is permanently reserved and maintained for the parking of one motor vehicle. (Ord. 583 §2.09(C) (part), 1980).

“Patio” means an outdoor space generally used for dining or recreation that adjoins a residence and is typically paved with concrete, brick, gravel or other similar surface. (Ord. 1539 §49, 2019).

“Pedestrian oriented frontage” means a building frontage devoted to uses that stimulate pedestrian activity, or to visually interesting features at the pedestrian level. Uses are typically sidewalk-oriented and physically or visually accessible by pedestrians from the sidewalks. Uses that comprise pedestrian oriented frontage include, but are not limited to, specialty retail stores, delicatessens, drug stores, shoe repair shops, cleaning establishments, floral shops, beauty shops, barber shops, department stores, apparel shops or boutiques, travel agencies and other services, restaurants and theaters. Banks and financial institutions are not pedestrian-oriented uses. Visually interesting features include, but are not limited to, murals, wall sculptures and display cases. (Ord. 871 §2 (part), 1989).

“Pedestrian scale” means the proportional relationship between an individual and the individual’s environment. (Ord. 1539 §50, 2019; Ord. 871 §2 (part), 1989).

“Permeable paving” means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Refer to the current City of Lacey Stormwater Design Manual for permeable paving design standards. (Ord. 1496 §39, 2016).

A. A person who, because of a recognized chronic physical or mental condition or disease, is functionally disabled to the extent of:

B. Being regarded as having such an impairment, but such term does not include current, illegal use of or active addiction to a controlled substance. (Ord. 931 §2 (part), 1992).

“Person” means an individual or any group of individuals, acting as a unit, whether or not legally constituted as an association, company, corporation, estate, family, partnership, syndicate, trust or other entity. (Ord. 583 §2.09(C) (part), 1980).

“Planning commission” means the city planning commission of the city of Lacey. (Ord. 583 §2.09(B)(5)(a), 1980).

“Plaza” means a continuous open area that is readily accessible to the public at all times, open above and on at least one side, and designed specifically for use by people as opposed to serving as a setting for a building. (Ord. 871 §2 (part), 1989).

“Shopping plaza” means a continuous, one-story area that is readily accessible to the public and visible consumer shopping with uses such as, but not limited to, flower shops, apparel shops, magazine and smoke shops, card shops, gift shops, outdoor-indoor cafes, art galleries and similar specialty shops. (Ord. 871 §2 (part), 1989).

“Premises” means an area of land with its appurtenances and buildings which because of its unity of use may be regarded as the smallest conveyable unit. (Ord. 583 §2.09(C) (part), 1980).

“Principal use” means the specific and primary purpose for which land or building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. (Ord. 583 §2.09(C) (part), 1980).

“Property line” means a line bounding and indicating the ownership, or intended ownership, of a parcel of land. (Ord. 583 §2.09(C) (part), 1980).

“Rain garden” means a non-engineered shallow, landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. (Ord. 1496 §40, 2016).

“Recreational vehicle” means a portable structure such as a motor home, travel trailer, equivalent facilities in or on an automotive vehicle, tent, or other short-term recreational shelter designed as a temporary dwelling for travel, recreation and vacation uses. (Ord. 691 §4, 1984).

“Religious organization” means organizations and institutions developed for the purposes of religious exercise and considered protected under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Particularly relevant in the context of the ordinance codified in this section is a religious organization whose religious activities and beliefs typically include providing basic needs such as homeless encampments, shelters, meals, and assistance to the poor and needy. (Ord. 1539 §53, 2019; Ord. 691 §6, 1984).

“Reserve lot” means a large lot reserved in a plat or short plat for future development. The large lot is intended to be reserved for intensive development at some future date when utilities become available. The large lot may have a community drainfield system on it that serves other smaller clustered lots within the plat or short plat until such time as sewer becomes available to the area and may also be used for open space purposes until such time as it is developed. (Ord. 1024 §20, 1995).

“Residential care facility” means a facility, licensed by the state, that cares for at least five but not more than fifteen people with functional disabilities, that has not been licensed as an adult family home pursuant to RCW 70.128.170. These facilities include, but are not limited to: boarding homes as licensed by RCW 18.20.010 in accordance with Chapter 248-16 WAC; residential treatment facility for psychiatrically impaired children and youth in accordance with Chapter 17.12 RCW and WAC 248-23-001(32); adult residential rehabilitation center in accordance with Chapter 71.12 RCW and WAC 248-25-002(3); private adult treatment home in accordance with Chapter 71.12 RCW and WAC 248-25-002(28); alcoholism treatment facility in accordance with Chapter 71.12 RCW and WAC 248-26-100(6); congregate care facility in accordance with Chapters 71.12 and 18.20 RCW, RCW 74.08.044 and WAC 388-15-560; evaluation and treatment facility in accordance with RCW 71.34.020(6); group training home in accordance with RCW 71A.22.020(2), group care facility in accordance with RCW 74.15.010(3)(a); and foster family homes in accordance with RCW 74.15.010(3)(e). (Ord. 931 §2 (part), 1992).

“Restaurant” means a use providing preparation and retail sale of food and beverages, including coffee shops, sandwich shops, ice cream parlors, fast food take-out, espresso stands, and similar uses. A “drive-in” restaurant is one where all or a significant portion of the consumption takes place or is designed to take place with the patrons remaining in their vehicles while on the premises. A “drive-through” restaurant is one which has one or more drive-through lanes for ordering and dispensing of food and beverages to patrons remaining in their vehicles, for consumption off the premises. (Ord. 1539 §54, 2019).

“Section” means any of the various sections of this zoning title, unless otherwise clearly indicated by the context. (Ord. 583 §2.09(B)(5)(h), 1980).

“Shoreline” means a line determined by the “ordinary high water mark” as defined in the Shoreline Management Act of 1971, as follows:

“Single family dwelling” means any dwelling designed and intended for use by one family. A single family dwelling may be site built or manufactured. (Ord. 1243 §15, 2005).

“Small farm animal” means small varieties of animals used in urban agricultural activities for production of food or their products and generally under 150 pounds, such as chickens, rabbits, pygmy goats, bees, and other similar sized farm animals. (Ord. 1368 §5, 2011).

“Solar skyspace” means the space between a solar energy device and the sun which must be free of obstructions. (Ord. 871 §2 (part), 1989).

“State” means the state of Washington. (Ord. 583 §2.09(B)(5)(f), 1980).

“Flanking street” means a street, alley or right-of-way other than the one on which a corner lot has its main frontage. (Ord. 583 §2.09(C) (part), 1980).

“Street furniture” means human-made, above-ground items that are usually found in street rights-of-way, including, but not limited to, benches, kiosks, plants, canopies, shelters and phone booths. (Ord. 871 §2 (part), 1989).

“Major street” means a state highway, county road or city thoroughfare designated as a primary, or secondary, or collector, arterial in the city’s six-year street program and/or the circulation plan of the Lacey development plan. (Ord. 583 §2.09(C) (part), 1980).

“Minor street” means a street or road designated as a local access street. (Ord. 583 §2.09(C) (part), 1980).

“Structure” means anything erected, the use of which has fixed location on or in the ground, or attachment to something having fixed location on the land, including but not limited to buildings, fences, signs and walls. (Ord. 583 §2.09(C) (part), 1980).

“Supported living arrangement” means a living unit owned or rented by one or more persons with functional disabilities who receive assistance with activities of daily living, instrumental activities of daily living, and/or medical care from an individual or agency licensed and/or reimbursed by a public agency to provide such assistance. (Ord. 931 §2 (part), 1992).

“Transfer of development rights” means the removal of the right to develop or build from land in one site, parcel, area or zoning district to another where such transfers are permitted. (Ord. 871 §2 (part), 1989).

“Transitional urban agricultural use” means an urban agricultural activity utilizing land prior to the time another activity is developed. This will usually occur as a temporary use of a site to provide a useful benefit on land until a more permanent use is established. (Ord. 1368 §7, 2011).

“Use district” means a specific zoned area or district designated on the official zone map. Such area is subject to all the regulations applicable to the district that are contained in this title. (Ord. 583 §2.09(C) (part), 1980).

“Variance” means a modification of the regulations because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property, where the literal enforcement of this title would pose undue hardship unnecessary in carrying out the spirit of this title. (Ord. 583 §2.09(C) (part), 1980).

“Vegetated LID facility” means bioretention, rain gardens, dispersion, and vegetated roofs, where applicable. (Ord. 1496 §41, 2016).

“Yard” means an open space unoccupied to the sky of uniform depth or width which lies between the property line and building line, or between the shoreline and the building line. The inside boundary shall be considered parallel to the nearest property line. (Ord. 583 §2.09(C) (part), 1980).

“Front yard” means a yard extending across the full width of the lot from one property line to another and measured as to depth at the least horizontal distance between street line and the exterior wall. (Ord. 583 §2.09(C) (part), 1980).

“Rear yard” means a yard extending from one property line to another except in the case of corner building sites when the rear yard shall extend from the interior side property line to the opposite side yard. Yard is measured as to depth at the least horizontal distance between the rear site line and the exterior wall. (Ord. 583 §2.09(C) (part), 1980).

“Shoreline yard” means a yard extending from the building line to the ordinary high water mark (OHWM) of the shoreline which qualifies as either a front or rear yard. (Ord. 1539 §55, 2019; Ord. 583 §2.09(C) (part), 1980).

“Side yard” means a yard extending from the front yard to the rear yard except in the case of corner building sites when the side yard on the flanking street shall extend to the rear property line. (Ord. 583 §2.09(C) (part), 1980).

“Zero lot line” means the location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line. (Ord. 871 §2 (part), 1989).

“Zoning envelope” means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and other bulk regulations. (Ord. 871 §2 (part), 1989).