“Laboratory” means a place devoted to experimental study, such as testing and analyzing, as well as physical diagnostic facilities and soil and water testing facilities. The manufacturing of any product or products is not considered to be part of this definition.

“Land clearing” means the exposure of earth by the removal of vegetative cover of any kind.

(1) The particular shall control the general.

(2) In case of any difference of meaning or implication between the text of this code and any caption, illustration, summary table, or illustrative table, the text shall control.

(3) The word “shall” is always mandatory and not discretionary. The word “should” is permissive and is discretionary.

(4) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(5) A “building” or “structure” includes any part thereof.

(6) The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” or “occupied for.”

(7) The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(8) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and,” “or,” or “either/or,” the conjunction shall be interpreted as follows:

(9) The word “includes” shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. 929 Ch. 4, 1995).

“Abandonment” means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

“Abutting” means having a common border with, or being separated from, such common border by an alley or easement.

“Access” means a way of vehicular ingress and egress to a lot or parcel. For the purpose of this code, a lot shall abut by no less than 20 feet upon and have direct access to: (1) an opened, constructed and maintained public road; or (2) a private road in plat or short plat approved by the city of Stanwood; or (3) an exclusive, unshared, unobstructed permanent access easement at least 20 feet wide.

“Access panhandle” means a strip of land designed to provide access to the lot, tract or parcel being less in width than the minimum lot width allowed under the applicable zoning district.

“Access road” means a private or public road or street that provides direct access from abutting properties to a city collector road, as defined by the city’s Comprehensive Plan.

“Accessory building” means a subordinate building, or portion of the main building, the use of which is incidental to that of the main building on the same lot.

“Accessory dwelling” means a fully independent secondary living unit that is located on the same property as the primary dwelling.

“Accessory structure” means a detached, subordinate structure located on the same lot, the use of which is clearly incidental to that of the main building or to the principal use of the land.

“Accessory use” means uses, facilities and activities normally associated with a use listed as a permitted use in a zone and are permitted as part of that permitted use on the same lot as the principal structure. The accessory use, facility or activity must be clearly secondary to the permitted use. The primary use or activity shall be established before or concurrent with the accessory use or activity.

“Accounting services” means the provision of services that involve the maintenance of accounting records or the preparation of financial statements.

Acre, Gross. See “Gross acre.”

Acre, Net. See “Net acre.”

“Action” means a vote by a quorum of the planning commission or city council upon a motion, proposal, resolution or order, and resulting in a collective decision by a majority of those voting members present. “Action” also means a decision by the planning director or hearing examiner when exercising his or her authority under this code.

“Addition (to an existing building)” means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls is considered to be new construction.

“Adjacent” means that which lies near or close to, not widely separated nor necessarily touching.

“Adjacent property owner” means any property owner of record, according to the records of the county assessor, whose property adjoins or abuts property proposed for a land use action or any portion thereof, or whose property is within 300 feet of the property proposed for a land use action.

“Adjoining” means that which is joined or united, and actually touching.

“Adult bookstore” means an establishment having, as a substantial or significant portion of its stock-in-trade (at least 20 percent of its inventory), books, magazines, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical areas. An adult bookstore shall, for the purposes of this code, be deemed to be an adult entertainment facility.

“Adult entertainment facility” means any business which, as a substantial portion (at least 20 percent) of its operations, offers for sale or viewing for any consideration any photographic or film depictions or devices or paraphernalia that depict or are characterized by an emphasis on the depiction, description, or engagement in specified sexual activities or anatomical areas including male or female sexual organs, buttocks, or female’s breasts. (For the purposes of this definition, the term “paraphernalia” shall not be deemed to include condoms or other birth control measures.)

“Adult family home” means a residential home in which a person or persons provide personal care, special care, room, and board for 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. An adult family home may provide services for up to eight adults upon approval from the Department of Social and Health Services under RCW 70.128.066.

“Advertising agency” means a service business dedicated to creating, planning and handling promotion for its clients.

“Aesthetics” means a characteristic of development relating to its physical beauty.

“Affordable housing” means any rental or owned dwelling unit which has a monthly payment that is 30 percent or less of the monthly salary of a moderate, low, and/or very low income family. A moderate income family earns 125 percent or less of the area median income established for Stanwood; a low income family earns 80 percent or less; and a very low income family earns 50 percent or less.

“Aggrieved person” means any person, including the applicant, who, in connection with a decision or action of the planning director or the planning commission, hearing examiner, and/or city council on an application for a development permit, takes issue with the decision rendered.

“Agricultural or produce concession stand” means an open air structure, not to exceed 20 feet by 30 feet in its dimensions, and at which fresh eggs, fruits, vegetables, and/or other agricultural products may be sold from local farms to the public.

“Agricultural produce stand” means a farm stand that sells produce including fresh, dried or jarred vegetables and fruits and plants/flowers. See also “Farmer’s market” and “Agricultural or produce concession stand.”

“Agriculture” means the tilling of soil, the raising of crops (except marijuana), horticulture, viticulture, small livestock farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses customarily incidental thereto, except small animal husbandry.

“Agriculture” or “agricultural activities” (SMP) means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow (plowed and tilled, but left unseeded); allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; provided, that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation.

Agricultural equipment and agricultural facilities include, but are not limited to:

“Airport” means any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

“Alley” means any public thoroughfare having a width of not less than 10 nor more than 20 feet for the use of pedestrians and/or vehicles which affords only a secondary means of access to abutting property.

“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.

“Alterations” means any change, addition, or modification of type of occupancy; any change in the structural members of a building such as walls, partitions, columns, beams, girders; or any change which may be referred to herein as “altered” or “reconstructed.”

“Ambient” refers to the surrounding environment, and is an adjective that is generally attached to the term “air quality.” Ambient air quality refers to the condition of the atmosphere within the environs of a particular use or geographic area.

“Amusement park or center” means a group of amusement devices for children and/or adults and their accessory uses. Such a park or center may include miniature golf areas, bumper cars, batting cages, arcades, bumper boats, go-karts, and such similar activities.

“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, inter-gravel 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.

“Antique shop” means an establishment selling a relic, work of art, piece of furniture, or decorative object made at an earlier period, including vintage furniture, clothing and household items.

“Apartment” means a set of rooms used as a dwelling by one person or one family.

“Apartment hotel” means an apartment house that furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privileges of which are not primarily available to the general public.

“Apartment house” means a building or portion of a building arranged or designed to be occupied by three or more families living independently of each other.

“Apparel” means new or used garments and accessories.

“Appeal” means a request for a review of a decision or interpretation of any provision of this code made by an officer, board, or department of the city.

“Appeal” (for the purpose of Chapter 18.810 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards) means a request for a review of the interpretation of any provision of Chapter 18.810 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, or a request for a variance.

“Applicant” means any person or his or her authorized agent or representative who has applied for a permit and who has a valid, existing legal interest in the property proposed to be developed.

“Appropriate” means anything that is compatible with a facility’s natural, cultural, or recreational resources, recognizing the purpose of the established area.

“Aquaculture” means the regulation and cultivation of water plants and animals for human use or consumption. Aquaculture may include hatcheries, marine crop production and other similar uses that occur in either fresh or salt water.

“Aquaculture” (SMP) means the culture or farming of food fish, shellfish, or other aquatic plants and animals.

“Aquifer” means a groundwater bearing geologic formation or formations that contain sufficient amounts of saturated material to yield water.

“Aquifer recharge area” means a body of permeable materials that collects precipitation or surface water and transmits it to the aquifer.

“Arcade” means:

“Area of shallow flooding” means a designated zone AO or AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with base flood depth from a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.

“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. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, or AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

“Art gallery” means a room or building devoted to the exhibition of works of art or an institution or business exhibiting or dealing in works of art.

“Artisan/handicraft studio” means an artist’s or worker’s workroom or an artist and his or her employees or students who work within that studio. This can be for the purpose of architecture, dance, painting, pottery (ceramics), sculpture, scrapbooking, photography, graphic design, cinematography, animation, radio or television broadcasting, or the making of music.

“Artist and drawing supplies” means materials including paint, paper, clay, wood, synthetics, drawing implements, and accessories used in crafts and scrapbooking and similar products.

“ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

“As-graded” means the extent of surface conditions on completion of grading.

“Assessment” means an estimation or determination of the significance, importance, or value of land, buildings, or a proposed development activity.

“Assisted living facility” means any home or other institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care consistent with Chapter 142, Laws of 2004, to seven or more residents after July 1, 2000. However, an assisted living facility that is licensed for three to six residents prior to or on July 1, 2000, may maintain its assisted living facility license as long as it is continually licensed as an assisted living facility. “Assisted living facility” shall not include facilities certified as group training homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of such home, institution or section thereof. Nor shall it include any independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the Department of Housing and Urban Development.

Associated Wetland. See “Wetland, associated jurisdictional.”

“Athletic field” means grounds used for playing sports or games generally but not exclusively outdoors. Generally, playing fields are wide expanses of grass, dirt or sand without many obstructions. See also “ball park.”

“Attached dwelling” means a townhouse-style dwelling that occupies space from the ground to the roof and has at least one wall in common with adjoining dwellings.

“Auditor” means the Snohomish County auditor.

“Auto parts” means parts and products for the repair and maintenance of motorized vehicles.

Automobile Parking Area, Private. See “Private automobile parking area.”

Automobile Parking Area, Public. See “Public automobile parking area.”

“Automobile rental agency” means a rental and incidental storage agency which provides motor vehicles including but not limited to motorcycles, passenger cars, watercraft, light trucks, vans, and similar size vehicles which have gross vehicle weights less than 10,000 pounds. This use excludes large vehicle rentals, and large and small vehicle sales.

Automobile Sales and Service Establishments, New or Used. See “New or used automobile sales and service establishments.”

“Automobile service station” means a building or structure designed or used for the retail sale or supply of fuels (stored only as prescribed by existing legal regulations), lubricants, air, water, and other operating commodities for motor vehicles or boats. Automobile service stations may include the following: customary space and facilities for the installation of such commodities on or in such vehicles; space for facilities for the storage, minor repair, or servicing of such vehicles, and space for car washing. It may include limited retail sales of food, groceries, and auto accessories, and eating and drinking establishments. This definition includes automotive fuel dispensing facilities as defined in the IFC.

“Automobile wrecking yard” means any premises devoted to dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. No body-damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted.

“Automotive repair establishment” means:

“Automotive service” means a category of businesses providing sales, handling, maintaining, repairing and disposing of motorized vehicles.

“Average grade level” (SMP) means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure.

“Awning” means any movable roof-like structure cantilevered, or otherwise entirely supported from a building, so constructed and erected as to permit its being readily and easily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable. (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1486 § 1 (Exh. A), 2020; Ord. 1444 § 1, 2017; Ord. 1376 § 1, 2014; Ord. 1373 § 3, 2014; Ord. 1332 § 3, 2012; Ord. 1294 §§ 5, 6, 2011; Ord. 1264 § 6, 2010; Ord. 1251 § 1, 2009; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

“Background water quality” means the concentrations of chemical, physical, biological, or radiological constituents, or other characteristics in or of groundwater at a particular point in time and upgradient of an activity that have not been affected by that activity.

“Bakery” means an establishment where the majority of retail sale is of products such as breads, cakes, pies, pastries, etc., that are baked or produced and sold on the premises.

“Ball park” means an athletic field or stadium in which games such as baseball or soccer are played. See also “athletic field.”

“Bank, ATM, financial services” means an establishment that provides financial transactions, deposits, check cashing, loans and similar services.

“Bar and/or cocktail lounge” means a business conducted entirely within a building wherein primarily alcoholic beverages are sold at retail for consumption on the premises. Limited food service and live entertainment may be provided as an accessory use. “Bar/cocktail lounge” excludes night clubs, restaurants, and taverns.

“Barber shop” or “beauty shop” means an establishment or department where hair cutting, coloring and styling, facials, manicures, spa services and tanning are done.

“Base flood” means the flood having a one-percent chance of being equaled or exceeded in any given year.

“Base flood elevation (BFE)” means the elevation to which flood water is anticipated to rise during the base flood.

Basement.

“Basin plan” means a plan and all implementing regulations and procedures, including but not limited to land use management adopted by ordinance for managing surface and stormwater management facilities and features within individual sub-basins.

“Batting cages” means an area where pitching machines enable batting practice in a controlled environment for recreational purposes.

“Bed and breakfast house or inn” means a building other than a hotel or nursing home where meals and short-term lodging of more than four rooms are provided for compensation to guests and other transient persons.

“Bed and breakfast residence” means a building other than a hotel or nursing home where meals and short-term lodging of four rooms or less are provided for compensation to guests and other transient persons.

“Bedrock” means the more or less solid rock in place either on or beneath the surface of the earth. It may be soft, medium, or hard and have a smooth or irregular surface.

“Bedroom” means a room other than a kitchen, dining room, living room, bathroom, or closet, that is marketed, designed, or otherwise likely to function primarily for sleeping.

“Bench” means, for the purposes of construction, a relatively level step excavated into earth material on which fill may or may not be placed.

“Best available science” means 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. Sources of best available science are included in “Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas,” published by the State Office of Community, Trade and Economic Development.

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

“Bicycle repair” means an establishment that provides maintenance, parts, and accessories for bicycles, tricycles, scooters and similar pedal vehicles.

“Billboard” means an off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.

“Binding site plan” means a drawing to scale which:

“Bioengineering” (SMP) means the use of biological elements, such as the planting of vegetation, often in conjunction with engineered systems, to provide a structural shoreline stabilization measure with minimal negative impact to the shoreline ecology.

“Blight” means that concentration of forces which puts a building or neighborhood on its way to becoming a slum. A “blighted” area is one that has deteriorated or has been arrested in its development by physical, economic, or social forces.

“Block” means the property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and nonsubdivided acreage, watercourse, or body of water; or between any of the foregoing and any other barrier to the continuity of development.

“Boarding house” means a building other than a motel, where lodging and meals are provided for more than five persons for compensation on a long-term basis.

“Boating facility” (SMP) for the purposes of the Shoreline Master Program means any public or private facility for mooring, storing, or transfer of materials from vessels on the water, such as docks and piers, including on-land related facilities such as approaches and ramps and includes any private and publicly accessible launch sites or facilities. A boating facility does not include on-land accessory facilities such as parking or storage.

“Bog/fen” means a wetland which accumulates organic soils, has little or no inflow and is characterized by acidophilic (acid loving/producing) vegetation such as sphagnum moss, Labrador tea and bog laurel.

“Bollard” means a post permanently affixed into the ground or pavement, at least two feet and no more than four feet in height after installation, whose purpose is to segregate automotive traffic from certain areas.

“Bond or performance security” means a surety bond, assignment of funds, escrow agreement, irrevocable letter of credit, or other financial security device acceptable to the director, which is required to assure that work is completed in accordance with all applicable requirements of this chapter.

“Book store” means a retail establishment handling printed material such as books and magazines, electronic books and accessory gifts.

“Boundary line adjustment” means the adjustment of boundary lines that does not create any additional lot, tract, parcel, site or division, nor creates any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.

“Bowling alley” means recreational facilities which include bowling lanes, and may include a small lounge, restaurant and/or snack bar, video games and pool tables.

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

“Buffer” means an area adjacent to a critical area consisting of naturally occurring or re-established vegetation and having a width adequate to protect the critical area.

“Buffer” (SMP) means an area adjacent to a critical area that functions to avoid loss or diminution of the ecologic functions and values of the critical area. Specifically, a buffer may:

“Buffer area” means a landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another, or intended to reduce the impact of noise levels generated on one property from the surrounding properties and intended to enhance the level of safety and promote the aesthetic qualities of the area. This term should not be confused with “buffer” as it is used in application to critical areas.

“Buildable area” means the space remaining after the minimum open space and yard setback requirements of this chapter have been complied with.

“Buildable lot” means a lot that meets all of the requirements of area, width, depth, etc., contained in this code and any other ordinances of the city for any specific type of development.

“Building” means any structure having a roof supported by columns or walls for housing or shelter of persons or animals, or property of any kind. When separated by dividing walls without openings each portion of such building separated shall be deemed a separate building.

“Building code” means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council.

Building, Completely Enclosed. See “Completely enclosed building.”

“Building construction yard” means an outdoor area consisting of short-term parking and storage of equipment and supplies used in the construction industry. Construction yards may include related offices.

“Building coverage” means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, but not to include at-grade off-street parking lots, terraces, swimming pools, pool deck areas, or walkways, roadways, or driveways.

“Building footprint” means the external perimeter of a building, including its foundation and all stories that cantilever over the first floor, decks and balconies, but excluding eaves and fireplaces.

“Building front” means that exterior wall of a building which faces a front lot line of the lot.

“Building height” means the vertical distance from the average curb elevation to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof and to the mean height level between the eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the building shall be measured from the average elevation of the finished grade at the front of the building.

“Building line” means a line specifying a minimum horizontal distance from the property line and parallel thereto, beyond which no part of the structure may extend.

“Building lot” means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling unit grouping and its accessory buildings, together with such open spaces as are required under the provisions of this code, having not less than the minimum area and width required by this code for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of this code to be adequate as a condition of the issuance of a development permit for a building on such land.

Building, Nonconforming. See “Nonconforming building.”

“Building permit” means the document or certificate issued by the city of Stanwood that verifies adherence to all applicable building and development regulations and gives permission to the applicant to proceed with the actions for which the permit was requested.

Building, Principal or Main. See “Principal or main building.”

“Building site or area” means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

“Building support structure” means any structure that supports floor, wall, or column loads and transmits them to the foundation. The term shall include beams, grade beams, or joists and includes the lowest horizontal structural member exclusive of piles, columns, or footings.

“Bulk” means the term used to describe the size of buildings or other structures, and their relationship to each other and to open areas and lot lines.

“Bulk requirements” means those regulations that include maximum height of a building, minimum lot area, minimum front, side and rear yards and maximum lot coverage.

“Bulkhead” means a structure of timber, concrete, steel, rock or similar substance erected for erosion control purposes.

“Bulkhead” (SMP) means a structure of timber, concrete, steel, rock or similar substance located parallel to the shore, which has as its primary purpose to contain and prevent the loss of soil by erosion, wave, or current action.

“Bus and mass transit storage and maintenance facility” means any building and adjacent outdoor space required for the servicing, washing, and the overnight parking of buses or other mass transit vehicles that are used for transporting the general public, tourists, school children, the elderly, and/or handicapped or construction workers.

“Business service” means an establishment primarily engaged in rendering services to other business establishments on a fee or contract basis, not involving the sale of any goods or commodities available on the premises, and not dispensing a personal service. Business service establishments may include, but are not necessarily limited to, activities such as real estate, insurance, accounting or bookkeeping, financial institutions, management or consulting firms, or other similar uses.

“Business zone” means a land use zone which allows commercial or mercantile activity engaged in as a means of livelihood. (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1486 § 1 (Exh. A), 2020; Ord. 1455 § 1, 2018; Ord. 1373 § 4, 2014; Ord. 1294 § 5, 2011; Ord. 1267 § 2, 2010; Ord. 1262 § 2, 2010; Ord. 1250 § 1, 2009; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

“Camera store” means an establishment that sells camera and photographic equipment and accessories. Although primarily offering retail services, camera stores may include classes and accessory printing and processing functions.

“Canopy” means a roof-like structure made of any material that projects from the wall of a building and overhangs a sidewalk.

“Capital improvement” means any substantial physical facility built by expending public monies. The construction of schools, highways, public sewer and water systems, landscaping a park, or the purchase of and for a public building or use are all examples of capital improvements.

“Capital improvement program” means a government schedule of permanent improvements budgeting to match the government’s financial resources. The capital improvement program is usually projected six years in advance and updated annually.

“Car wash” means a building, or portion thereof, containing facilities for washing automobiles utilizing mechanical devices.

“Caretaker’s house” means an accessory building for the sole use of a person or persons employed on the premises.

“Carnival” means a temporary commercial entertainment with rides, games, etc., for the general public.

“Carport” means a structure to house or protect motor vehicles owned or operated by the occupants of the main building which is open to the weather for at least 40 percent of the total area of its sides.

“Carrying capacity” means the maximum number of units that can be accommodated by a facility without reducing the efficiency of that facility. Carrying capacity is used to measure the ability of a facility to accommodate more units. For example, the carrying capacity of a roadway is the maximum number of vehicles that can pass over a given section of a lane in one direction during a given time period. For recreation areas, the carrying capacity is the number of persons that can utilize the elements (play equipment, basketball courts, benches, etc.) at any given point in time.

“Catering” business means an establishment that prepares food on site and delivers it to another location for consumption. Caterers may also provide party planning and occasional hourly labor for special events.

“Cemetery” means a place for the burial or interment of dead persons or household pets.

“Census” means the official count of the population, and its age, gender, and social and economic characteristics, conducted on a decennial basis by the Bureau of the Census of the U.S. Department of Commerce.

“Certificate of occupancy (occupancy permit)” means the official certification that a premises conforms to the provisions of this code (and the building code) and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued for new construction, a structure cannot be occupied.

Channel, Drainage. See “Drainage channel.”

“Channel migration zone” (SMP) means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. For the purpose of this code the CMZ excludes areas separated from the active river channel by legally existing artificial structures that are likely to restrain channel migration, including but not limited to flood control facilities, transportation facilities, and structures built above or constructed to remain intact through the 100-year flood.

“Chattels” means moveable articles of personal property, such as household goods or removable fixtures.

“City” means the city of Stanwood.

“City Hall” means the chief administrative building of a city or municipal government.

“City standards” means the street and utility standards and specifications as provided in SMC Title 14.

“Civic uses” means public-oriented uses, such as but not limited to schools, police stations, houses of worship, libraries, fire stations, museums, community centers, or community government offices.

“Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods.

“Clinic” means a building designed and used for medical, dental, psychiatric, or chiropractic services for the treatment of outpatients only.

“Closed record appeal” means an appeal of a decision or action that is based solely on the existing record, and for which no public hearing is held and no new public testimony is accepted.

“Club” means buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a service that is customarily carried on as a business.

“Clubhouse” means a building used to house a social organization or club, including those associated with golf courses.

“Cluster development” means a division of land into lots for use as single-family detached building sites, where said lots are arranged into groups having area and yard measurements less than that required as stated in the tables of dimensional and density requirements for various zoning districts.

“Collector road” means a road that provides for traffic movement between arterial roads and local (residential) streets, and direct access to abutting properties.

“Commercial use” means the use of any structure or property for a purpose directly related to the sale of goods or the furnishing of services of any kind.

“Commercial vehicle home basing” means the parking and maintenance of two or more vehicles in operable condition on property wherein resides a person who uses them in his or her business.

“Commercial zone” means a land use zone which allows commercial or mercantile activities as defined in this code.

“Commission” means the planning commission of the city of Stanwood.

“Common area” means the total area not designed for rental or sale to tenants and that is available for common use by all tenants or groups of tenants and their guests, including such areas as parking lots and their appurtenances, lobbies, malls, sidewalks, landscaped areas, public rest rooms, truck and service facilities, etc.

“Community center” means a building or buildings and related grounds used for social, civic, or recreational purposes and owned and operated by a nonprofit institution or organization and open to the general public on an equal basis and providing activities such as classes, meetings, meals, counseling, daycare/senior care or similar functions. A community center may also include activities such as outdoor or indoor recreation and community gardens.

“Community garden” means land set aside for collective use for an organization or for the general public to grow produce and/or flowers. No marijuana shall be grown in such gardens.

“Compatible use” means a use that is capable of existing in harmony with other uses situated in its immediate vicinity.

“Completely enclosed building” means a building designed and constructed with all exterior walls of the structure solid from the ground to the roof line, and containing no openings except for windows and doors that are designed to be closed.

“Completeness (of a permit application)” means the information, reports, and documents submitted by the applicant that address or discuss each of the areas required by the applicant form and/or as a result of the pre-application meeting. Completeness does not mean that the information, reports, and documents submitted are sufficient or adequate to assess the impact of the proposed development on the environment, but simply that the requested information, reports, and documents have been submitted.

“Comprehensive Plan” means the goals, objectives and policies, documents and maps adopted by motion by the council to guide the physical development of the city to coordinate city programs, services and controls, and to promote the general welfare.

“Computer equipment sales” means an establishment selling computer hardware software and providing related repair services.

“Concept plan” means a preliminary plan for the development of property indicating: contour lines; any significant existing natural features, such as rock outcroppings and stands of trees; proposed building layouts with approximate square footage of floor area; proposed off-street parking areas and, if required, off-street loading areas; and the proposed internal (within the lot) circulation system.

Concession Stand, Agricultural or Produce. See “Agricultural or produce concession stand.”

Concession Stand, Event. See “Event concession stand.”

“Conditional use” means a use listed among those classified in a given zone, but permitted only after a public hearing by the hearing examiner and granting of a conditional use permit imposing such conditions as will make the use compatible with other permitted uses in the same district.

“Condominium” means a form of ownership of property where the purchaser normally acquires title to a part of a building and/or a portion of land, and an undivided interest in the common areas and facilities, as distinguished from a cooperative, where the purchaser usually acquires stock that represents his interest in the property. Where the building so acquired consists of bedrooms with individual baths or combined bedrooms and living rooms with individual baths and/or has separate entrances for each unit, each unit shall be considered a separate dwelling unit or a separate hotel room for the purposes of this code.

“Confectionery” means an establishment engaged solely in the preparation and production of candy products for direct retail sale to the consumer on the premises.

“Conflict of interest” means any conflict between an individual’s private interests and his or her actions as a government employee or appointed or elected government official.

“Congregate care facility” means a residential facility for the elderly and/or handicapped persons. The facility must have a central lobby, common dining area, hobby and/or recreational rooms. The fee structure shall include at least one meal per day in the common dining area. Accessory support uses for the tenants, such as pharmacies, banking and other internal services, may be included. Congregate care facilities may include the definition for skilled nursing facility and/or short term rehab facility.

“Conservation area” means a tract of land that has protected status in order to ensure that natural features, cultural heritage or biota are safeguarded. A conservation area may be a nature reserve, a park, a land reclamation project or other area.

“Construct” means to build, erect, attach, hang, place, suspend, or affix, and shall also include the painting of signs.

“Construction” means the building of, or substantial improvement to, any structure or the clearing, filling, or excavation of any land. It shall also mean any alterations in the size or use of any existing structure or the appearance of any land. When appropriate to the context, “construction” refers to the act of construction or the result of construction.

“Construction and home building supplies” include lumber, hardware, plumbing fixtures, electrical goods, landscaping, and similar products used to build and maintain structures and property. The use may include outdoor storage or sales areas.

“Contaminant” means a substance which, when distributed in the soil, air, or water, renders the resource impure.

Contiguous. Lands are “contiguous” if they actually adjoin each other and share a common boundary.

“Contract zoning or rezoning” means an agreement between the property owner and the city that said property owner, as a condition for rezoning, will record certain deed restrictions on the property in question. These restrictions are in addition to those imposed by the requirements for the zoning district in which the property is located. They may involve further restrictions on use, height, bulk, years, signs, or any other aspect of land development.

“Conversion” means a change of use or purpose to which a structure, building, or land is put.

“Corner lot” means a lot with two or more front lot lines located at the intersection of two streets or a lot bounded on two sides by a curving street and any two chords of which form an angle of 120 degrees or less. The point of intersection of the street lot lines is the “corner.” In the case of a corner lot with curved street lines, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above. The remaining lot lines shall be considered side lot lines.

“Corner lot frontage” means all the property between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on two sides between an intersecting street and the dead-end of the street. This definition also includes ingress-egress easements when used as the only means of access.

“Cottage housing” means a minimum of four small detached single-family homes located together in a neighborhood format around common open space and intended to provide higher density alternative housing choices for retirees, singles, or smaller families.

“Council” means the city council of the city of Stanwood.

“County” means the county of Snohomish, state of Washington.

“Court” means an open unoccupied space other than a yard on the same lot with a building and which is bounded on two or more sides by such building.

“Courthouse” means a building in which courts of law are regularly held.

“Critical areas,” at a minimum, means areas which include wetlands, streams, and rivers; areas with a critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation areas; frequently flooded areas; geologically hazardous areas, including unstable slopes; and associated areas and ecosystems.

“Critical facility” means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, essential public facilities, schools, nursing homes, hospitals, fire and emergency response installations, and installations that produce, use or store hazardous materials or hazardous waste.

“Crops” means cultivated plants or agricultural produce, such as grain, vegetables, or fruit. Marijuana plants and marijuana products shall not be included within this definition.

“Cul-de-sac” means a local street having only one means of vehicular access to another street and terminating at its other in a circular-shaped turn around. This definition of cul-de-sac shall in no way be interpreted to include a dead-end street.

“Cultural/entertainment” means land use activities which offer passive entertainment to the general public. This definition includes, but is not limited to, museums, art galleries and entertainment venues.

“Cumulative impacts” (SMP) are the results of incremental actions when added to past, present, and reasonably foreseeable future actions. Cumulative impacts can be deemed substantial and subject to mitigation conditions even though they may be comprised of individual actions having relatively minor impacts.

“Curb cut” means an indentation or depression through or into a raised curb forming a driveway or walkway.

“Curb level” means the level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the “curb level.” (Ord. 1444 § 2, 2017; Ord. 1398 § 11, 2015; Ord. 1376 § 2, 2014; Ord. 1373 § 5, 2014; Ord. 1356 § 17, 2013; Ord. 1344 § 2, 2013; Ord. 1308 § 2, 2012; Ord. 1294 § 5, 2011; Ord. 1268 § 1, 2010; Ord. 1251 § 2, 2009; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 984, 1997; Ord. 929 Ch. 5, 1995).

Daycare Facility. The following definitions shall apply to the various daycare facilities allowed in the different zoning districts:

“Decision” means written notification to an applicant that his or her permit application has been approved or denied.

“Declaration of short subdivision” means a document signed by all persons having any real interest in the land being subdivided and acknowledged before a notary that they signed the same as their free act and deed. The declaration shall, as a minimum, contain the following elements:

“Dedication” means the deliberate appropriation of land by an owner for the general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon, and the acceptance by the public shall be evidenced by approval of such plat for filing by the city.

“Deed” means a written instrument under seal by which an estate in real property is conveyed by the grantor to the grantee.

“Density” means the number of permitted dwelling units allowed on each acre of land or fraction thereof.

Density, Gross. See “Gross density.”

Density, Net. See “Net density.”

“Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)

“Detached dwelling” means a dwelling that is entirely surrounded by open space on the same lot.

“Detention facility” means an above- or below-ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system.

“Determination” means written notification by the issuing authority and to all appropriate interested parties of a decision.

“Developer” means any person, firm, partnership, association, corporation, company, or organization of any kind, engaged in any type of manmade change of improved or unimproved land.

Development.

“Development right” means a legal claim to convert a tract of land to a specific purpose by construction, installation, or alteration of a building or other structure.

District, Zoning. See “Zoning district.”

“Dog daycare” means an establishment providing daytime training, supervision, and recreation for dogs.

“Dog grooming” means an establishment providing dog clipping services including hygienic care and cleaning.

“Domestic animal” means an animal normally kept incidental to a residential dwelling. Included are dogs and cats; excluded are wild or exotic animals, horses and cows, chickens, goats, or other similar animals.

Domestic Septage. See “Septage.”

“Drainage” means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation, prevention, or alleviation of flooding.

“Drainage basin” means a geographic and hydrologic subunit of a watershed.

“Drainage channel” means a large natural or constructed waterway, ordinarily lined to speed, control, and conduct the flow of stormwater runoff.

“Dredging” (SMP) means the removal of earth, sand, gravel, silt, or debris from below the OHWM of any river, stream, pond, lake or other water body and beneath the area of seasonal saturation of any wetland.

“Drive-in establishment” means a business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to either serve patrons while in the motor vehicle, or intended to permit consumption in the motor vehicle of food or beverages obtained by a patron of said business establishment (restaurants, cleaners, banks, etc.).

“Drive-in or drive-through facility” means an establishment that, by design, physical facilities, service, or by packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

“Driveway” means that space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.

“Driving range (golf)” means an unconfined recreational facility (i.e., without netting overhead or alongside the facility) situated on a plot of land at least 400 yards in length and a minimum of 300 feet wide. A golf driving range may be built with overhead netting, as well as netting (or other confining material) along the sides and the rear of the facility. In such cases, the land requirements shall be at least 100 yards in length and a minimum of 150 feet wide. The purpose of such facility is to allow golfers an opportunity to practice their golf shots.

“Dry cleaner” means an establishment providing cleaning process for clothing and textiles using a chemical solvent rather than water.

“Duplex dwelling” means a detached building, designed for or occupied exclusively by two families living independently of each other.

“Dwelling” means a building or portion thereof, occupied or intended to be occupied exclusively for residential purposes, but not including hotels. (See also “dwelling, multiple-family” and “family.”)

Dwelling, Accessory. See “Accessory dwelling.”

Dwelling, Attached. See “Attached dwelling.”

Dwelling, Cottage. See “Cottage housing.”

Dwelling, Multiple-Family. See “Multiple-family dwelling.”

Dwelling, Single-Family. See “Single-family dwelling.”

Dwelling, Townhouse. See “Townhouse or rowhouse.”

“Dwelling unit” means any room or group of rooms located within a residential building and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, and cooking. (Ord. 1475 § 1 (Att. A), 2019; Ord. 1449 § 1, 2017; Ord. 1398 § 12, 2015; Ord. 1373 § 6, 2014; Ord. 1294 § 5, 2011; Ord. 1250 § 2, 2009; Ord. 1164 § 4, 2004; Ord. 1133 § 2, 2003; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Easement” means a right granted by a property owner to specifically named parties or to the public for the use of certain land for specified purposes. Where appropriate to the context, “easement” may also refer to the land covered by the grant. This may include access, pedestrian paths, bicycle paths, utility easements, drainage, open space, etc.

“Ecological function” (SMP) means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute an element of a natural ecosystem.

“Ecosystem” means a characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species, and between them and their environment.

“Efficiency dwelling unit” means a dwelling unit consisting of one room exclusive of bathroom, kitchen, hallway, closets, or dining alcove, whether or not directly off the principal room.

“Effluent” means wastewater discharged by a collection network, various wastewater treatment units, or a wastewater treatment plant; also, the product discharged or emerging from a wastewater treatment process.

“Electrical and electronic goods” means consumer electronics intended for everyday use and most often used in entertainment, communications, and office productivity.

“Electrical and plumbing supplies” means fixtures and accessories used as part of lighting, mechanical, drainage, or sewage systems necessary for building or operating those systems and manufactured and sold as parts.

“Electrical generating plant” means an establishment or utility that provides electricity.

“Electrical substation” means a facility that provides transmission and distribution of electric power. The facility may also include areas to support the substation operations and may include storage laydown yards, storage buildings, maintenance buildings, or vehicle parking areas.

“Electrical transmission lines” means lines which connect the power produced at generating facilities to substations.

“Elementary school” means any school, public or private, intended for the education of children from kindergarten through the fifth grade.

“Elevated building” means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by fill, solid foundation perimeter wall, shear walls, posts, piers, pilings, or columns.

“Elevation” means:

“Elevation certificate” means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

“Emergency” means an unexpected situation that poses an immediate danger to life, health, or property and demands immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

“Emergency hazardous situation” means a condition that is an immediate and substantial danger to human health, safety, or welfare, or to the environment.

“Emergency shelter” means a facility whose primary purpose is to provide housing for individuals and families in the event of an emergency or an emergency hazardous situation.

“Emergent wetland” means a regulated 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 strata.

“Eminent domain” means the authority of the city of Stanwood or other government agency to take, or to authorize the taking of, private property for public use with just compensation to the owner.

“Employment services” means a business that provides beneficial services and activities to assist individuals in securing employment or acquiring learning skills that promote opportunities for employment.

“Enhanced service facility” means a residential facility licensed by the Washington State Department of Social and Health Services and as defined by RCW 70.97.010(11) or as amended by the State Legislature. “Enhanced service facility” (ESF) means a residential facility that provides services to persons for whom acute inpatient treatment is not medically necessary and who have been determined by the Department of Social and Health Services to be inappropriate for placement in other licensed facilities due to complex needs. In accordance with WAC 388-107-0700, three types of enhanced service facilities are based off of building occupancy requirements:

“Enlargement” means an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.

“Environment” means the physical, social and economic conditions that exist within the area which will be affected by a proposed project.

“Environmental impact assessment or statement” means an informational report prepared by an applicant for a proposed development and made available to public agencies and the general public that, when required by this code, shall be considered by the planning director prior to approval or disapproval of an application for a development permit. Such report shall include detailed information about the existing environment in the area of a proposed development; the effects that a proposed development is likely to have on the natural and human environment; an analysis and description of ways in which the significant adverse impacts of such development are proposed to be mitigated and minimized; and an identification and analysis of reasonable alternatives to such development.

“Equipment and machinery storage” means an establishment handling heavy machinery used in agriculture, trucking, industry and manufacturing, and providing short-term storage in addition to sales. The use occurs both indoors and outdoors, and may include storage yards.

“Erected” includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, paving, and the like shall be considered within the definition of “erected.”

“Erosion” means the detachment and movement of soil or rock fragments by water, wind, and/or gravity.

“Espresso stand” means restaurants specializing in coffee brewed by forcing steam or hot water through finely ground darkly roasted coffee beans, tea products and accessory baked goods.

Essential Facility. This term has the same meaning as “essential facility” defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.

“Establishment” means an economic unit, generally at a single physical location, where business is conducted or services are offered.

“Event concession stand” means an open air structure, not to exceed 20 feet by 30 feet in its dimensions, at which food and other concessions are sold at sporting, school or community events.

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1486 § 1 (Exh. A), 2020; Ord. 1373 § 7, 2014; Ord. 1294 § 5, 2011; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Facade” means that part of a building facing a street or courtyard.

“Facing or surface” means the surface of a sign upon, against, or through which a message is displayed or illustrated on the sign.

“Factory-built housing” means a structure constructed in a factory of factory-assembled parts and transported to the building site in whole or in units which meets the requirements of the Uniform Building Code. The completed structure is not a mobile/manufactured home.

“Fair market value” (SMP) means the open market bid price for conducting construction, the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.

“Family” means one person or group of two or more persons living together and interrelated by bonds of kinship, marriage, mutual consent, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a common set of cooking facilities. The persons thus constituting a family may also include foster children, gratuitous guests and domestic servants. The maximum number of nonrelated members constituting a family shall not exceed six persons.

“Farm, existing” means property previously and currently used for ongoing agricultural activity.

“Farm, new” means property previously used for a different use, or previously unused, but recently converted to new agricultural activity.

“Farmer’s market” means a retail area, outdoors or indoors, either in a public space or on private land, where vendors sell produce, baked goods, food and/or limited crafts to the public. See also “Agricultural produce stand” and “Agricultural or produce concession stand.”

“Farmhouse” means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.

“Feasible” (SMP) means that an action, such as a development project, mitigation, or restoration requirement, meets all of the following conditions:

“Feather banner/flag” means generally a single sign attached to a support post and typically having a dimensional ratio of four high to one wide. This definition also applies to teardrop flags, windfeather flags, bow flags, and other similar type signs.

“Feed and farm supply” means an establishment providing retail sales and sometimes bulk sales of products used for animal husbandry and small scale or hobby farming including feed, seed, tack, medicine, equipment, fencing, clothing and garden products.

“Feed and fertilizer operation” means a business which produces feed and/or fertilizer typically for the purpose of agricultural use.

“Fence” means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

“Fill” means earth or any other substance or material placed in or on the ground, including pilings placed in a submerged area.

“Fill” (SMP) means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land.

“Filled lands” means all artificially made, filled, or reclaimed lands and marshes.

Film. See “Motion picture industry.”

“Final approval” means the final official action taken by the city council on the plat, subdivision, or dedication, or portion thereof, which has previously received preliminary approval.

“Final plat” means that map, plan, or layout of a subdivision of land which is filed after completing the improvements, accompanied by certifications that the improvements have been satisfactorily completed and are recorded with the auditor, and showing all elements required by this code and the RCW.

“Finance, insurance and real estate services” means services provided to clients in an office setting, including financial advice and investing; advising/writing and/or selling insurance policies and processing insurance claims; and/or maintaining listings of property for sale or rent; and services to clients engaged in purchasing or leasing property.

“Financial institutions” means establishments such as, but not limited to, banks (including ATMs) and trust companies, credit agencies, investment companies, and other similar establishments.

“First story” means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story; provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point.

“Flea market” means an occasional sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, but not to include private garage sales.

“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. Also known as a flood insurance study (FIS).

“Flood Insurance Rate Map (FIRM)” means the official map of the city of Stanwood, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the city. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

“Flood insurance study” means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

Flood or Flooding.

“Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.

“Floodplain area having special flood hazard” means that maximum area of the floodplain that, on average, is likely to be flooded once every 100 years (i.e., that has a one percent chance of being flooded each year).

“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

“Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source. See Flood or Flooding.

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to flood water below the base flood elevation.

“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 referred to as “regulatory floodway.”

“Floodway” (SMP) means the channel of a river or other watercourse and the adjacent land areas that have been established in Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) or floodway maps. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

“Floor” means the top surface of an enclosed area in a building (including basement), i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction. The term does not include the floor of a garage used primarily for the parking of vehicles and where openings are installed to allow the free passage of water.

“Floor area” means the sum of the gross horizontal areas of all of the floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. Floor area shall include the area of basements when used for residential, commercial or industrial purposes, but need not include a basement or portion of a basement used for storage or housing of mechanical equipment, or the basement apartment of a custodian in a multifamily dwelling, except that portion of said custodian’s dwelling unit which is in excess of 50 percent of the total basement area.

“Floor area ratio (F.A.R.)” means the horizontal area of all of the floors of any building or buildings on a lot, divided by the area of such lot, or in the case of planned unit developments, by the net lot area. Where off-street parking is provided in the principal building or in a building on a lot across a street or alley from the principal building, the area of the lot upon which such building providing off-street parking is provided may be included in determining the permitted floor area of the principal building. Space provided within a building for off-street parking shall not be counted in determining the floor area of such building.

Floor Area, Usable. See “Usable floor area.”

“Florist” means an establishment that sells and delivers flowers and flower arrangements, and small gifts, ornamental plants and accessories.

“Food and beverage processing” means sorting, packaging, bottling, or labeling raw or semi-processed food or beverages into a product.

“Food bank” means a nonprofit organization distributing foodstuffs donated by citizens, farmers, food processing companies and others to the public.

Footprint, Building. See “Building footprint.”

“Forested wetland” means a regulated wetland with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height that is at least partially rooted within the wetland.

“Freestanding sign” means a sign that is detached from any building and has one or more supports directly upon the ground, with space between the ground and the sign.

“Freezer plants/cold storage/food mills” means industrial businesses providing refrigeration and storage of food or products requiring refrigeration/freezing and may include food processing and management of substances that supply plant nutrients or amend soil fertility.

“Freight distribution center” means an industrial business receiving, storing and delivering a wide variety of goods to other wholesale or retail outlets typically by truck or train. Facilities may include a loading dock.

“Frequently flooded areas” means the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

“Front lot line” means the lot line separating the lot from the street in the case of an interior lot and, in the case of a corner lot, either street lot line; provided the other is considered to be a side street lot line.

“Front yard” means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building.

Frontage, Corner lot. See “Corner lot frontage.”

“Fuel storage facility” means an area used for the storage and distribution of petroleum products used for the powering of motor vehicles, boats and ships, and aircraft, and for the operation of electrical generating plants. The facilities may be above-ground or underground storage tanks. This use includes propane, gasoline and other petroleum storage and distribution.

“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.

“Funeral home” means a building used for the preparation of the deceased for burial, the display of the deceased, and ceremonies connected therewith before burial or cremation.

“Furniture store” means a store that specializes in the sale of furniture and/or flooring. Furniture stores are generally large, and include storage areas. They can be both traditional retail furniture stores and warehouse stores with showrooms. (Ord. 1486 § 1 (Exh. A), 2020; Ord. 1475 § 1 (Att. A), 2019; Ord. 1398 § 13, 2015; Ord. 1380 §§ 3, 4, 2014; Ord. 1373 § 8, 2014; Ord. 1308 § 3, 2012; Ord. 1294 §§ 5, 6, 2011; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 1094 § 1, 2000; Ord. 929 Ch. 5, 1995).

“Gambling establishment” means a casino or other facility in which are included facilities for roulette, dice, various card games, slot machines and/or other games of chance.

“Game, video arcade” means a venue where people play indoor table games and/or arcade video games.

“Garage” means a building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, or storing motor vehicles internally and enclosed within the building.

Garage, Parking. See “Parking garage.”

“Garage, parking, public” means a building designed and used for compensation for the storage and parking of motor vehicles or boats as a business.

Garage, Private. See “Private garage.”

“Gardening” means to lay out, cultivate or tend to a plat of ground where flowers, shrubs, vegetables, or fruits are grown by individuals, groups or organizations for private use. This term does not allow growing of marijuana in any form.

“Geologically hazardous areas” means areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard.

“Geotechnical report or geotechnical analysis” (SMP) means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, estimates of susceptibility to erosion, sliding, earthquake, or other geological events, and the extent of risk to the health and safety of persons and property. Such a report shall include conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local geology and processes.

“Gift shop” means a shop that sells souvenirs, handicrafts, knickknacks, household goods and other miscellaneous articles appropriate as gifts.

“Go-kart tracks” means tracks used for go-kart racing or karting, which is a variant of open-wheel motor sport with small, open, four-wheeled vehicles called karts, go-karts, or gearbox/shifter karts depending on the design. They are usually raced on scaled-down circuits.

“Golf course” means a tract of land for the playing of the game of golf, with tees, greens, fairways, hazards, etc. A golf course may be nine or 18 holes in length.

“Governmental use” means public land areas and facilities that are utilized for daily administration and operation of government business which house personnel, records, equipment and the like, belonging to or leased by the city, state, or federal government, special district, or agency. This use may include City Hall, city offices, libraries, and other similar facilities.

“Grade” means the established grade of the street or sidewalk as prescribed by the department of public works. Where no such grade has been established, the grade shall be the average computed by a licensed land surveyor at the sidewalk at the property line. Where no sidewalk exists, the grade shall be established in the same manner on the street adjacent to the property line.

“Gradient terrace” means an earth embankment or a ridge-and-channel constructed with suitable spacing and an acceptable grade to reduce erosion damage by intercepting surface runoff and conducting it to a stable outlet at a stable nonerosive velocity.

“Grading” (SMP) means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land.

“Grandfathered use or structure” means an exemption from the zoning standards that allows persons or entities to continue with activities or operations that were legally established and have continuously existed before the implementation of new rules, regulations, or laws. Grandfathered uses, structures or lots are considered nonconforming and shall comply with the city’s nonconforming definitions and regulations.

“Greenbelt” means a strip of land for the planting, growing, and maintaining of a sight-obscuring screen of healthy trees and shrubs to attain an ultimate height of not less than eight feet.

“Greenhouse” means an enclosed building, permanent or portable, that is used for the growth of plants.

“Grocery, convenience store” means a retail establishment that is usually open for extended daily hours of business (12 to 24 hours), normally located as a single entity or in a strip building configuration along major roadways, is typically a self-service facility not dependent upon comparison shopping, and by its manner of display and merchandising usually sells a limited selection of items and brands of prepackaged or prepared foods, ready-to-eat foods, snacks, gum, candy, beverages, which may include beer or wine, dairy products, or sundries, all of which are frequently purchased for immediate use. It may be developed with facilities for the dispensing and sales of vehicular fuels, but with no sale or installation of tires, batteries or similar accessories. If such establishment is combined with said fuel sales and dispensing, it shall be regulated as accessory to an automobile service station use and there shall be limitations and controls placed upon the nature, size, delivery, storage, location and type of said fuel sales or dispensing facilities to provide maximum possible protection to adjacent properties, and it must meet the specific requirements of an automobile service station. Additionally, any retail establishment that sells a substantial portion of its merchandise (more than 20 percent of its sales) described in the definition of an “adult entertainment facility” shall not be deemed to be a convenience store.

“Grocery, specialty” means a food store primarily engaged in selling foodstuffs associated with a particular nationality, religious observance, dietary practice, or cuisine.

“Grocery, supermarket” means a retail store which may be freestanding or part of a larger development selling food, food preparation materials, household goods and household cleaning and servicing items. This use may include a pharmacy.

“Gross acre” means a tract of land consisting of 43,560 square feet.

“Gross density” means the number of units that are permitted per gross acre of land proposed for development.

“Gross leasable area (GLA)” means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. GLA is that area on which the tenants pay rent; it is the area producing income to the landlord, and is the square footage amount used for determining required parking area. GLA includes all areas except common areas.

“Ground floor area” means the square footage area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, patios, swimming pools, parking areas, driveways, garages, exterior stairways, secondary stairways, and drive-through teller lanes or walk-up windows of financial institutions only. Ground floor area is the total building area used in determining the percentage of lot coverage.

“Groundwater” means the portion of water contained in interconnected pores or fractures in a saturated zone or stratum located beneath the surface of the earth or below a surface water body.

“Groundwater management” means the management and coordination of groundwater regulations, strategies, policies, and technical information for the protection and use of groundwater resources.

“Group care facility” means shared living quarters (without separate kitchen or bathroom facilities for each room or unit) for seven or more persons with physical or mental impairments that substantially limit one or more of such persons’ major life activities when such persons are not living together as a single household unit.

“Group home” means a facility licensed by the state to provide, on a 24-hour basis, training, care, custody, correction or control, or any combination of those functions, to one or more persons who may be children, the aged, disabled, underprivileged, indigent, handicapped or other special class of persons, either by governmental unit or agency or by a person or organization devoted to such functions. This term shall not include schools, hospitals, prisons or other social service facilities.

“Guest house” means a building used for guests, especially a house or hostel run as a boarding house or bed and breakfast.

“Gutter” means a constructed waterway, usually along a street curb, installed to collect and conduct street surface water. (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1376 § 3, 2014; Ord. 1373 § 9, 2014; Ord. 1308 § 4, 2012; Ord. 1294 §§ 5, 6, 2011; Ord. 1164 § 4, 2004; Ord. 1133 § 2, 2003; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Habitat assessment” (for the purpose of Chapter 18.810 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards) means a written document that describes a project, identifies and analyzes the project’s impacts to habitat for species discussed in the “Endangered Species Act – Section 7 Consultation Final Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Implementation of the National Flood Insurance Program in the State of Washington, Phase One Document – Puget Sound Region,” and provides an effects determination.

“Halfway house” means a licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive confinement wherein supervision, rehabilitation, and counseling are provided to mainstream a person back into society.

Handicraft and Artisan Studios. See “Artisan/handicraft studio.”

“Hardship” means special conditions or circumstances existing that are peculiar to the location, size, and characteristics of the land, structure, or building involved and which are not applicable to the same degree to the lands, structure, or buildings in the same zoning district; or special conditions or circumstances that did not result from the action of the applicant; or from a literal interpretation of this code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.

“Hazardous substances” means any substances or materials that, by any reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.

“Health care facility” means an establishment primarily engaged in furnishing medical, surgical or other services to individuals, including clinics; medical and dental laboratories; outpatient care facilities; blood banks; and oxygen and miscellaneous types of medical supplies and services. This definition includes inpatient facilities.

“Health club” means gymnasiums (except those associated with educational institutions), private clubs (athletic, health, or recreational), reducing salons, and weight control establishments.

“Hearing examiner” means an officer of the city of Stanwood appointed for the purposes of holding quasi-judicial hearings and rendering decisions on land use applications.

Height, Building. See “Building height.”

“Height in Shoreline Management Act jurisdiction” (SMP) is measured from average grade level to the highest of a structure; provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation.

“High school” means any school, public or private, intended for the education of children from the ninth through the twelfth grade.

“Highest adjacent grade” means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed walls of a structure.

“Highway” means a major roadway or thoroughfare, primarily designed for through traffic.

“Historic property” means a building, structure, object, area, or site that is significant in the history, architecture, archaeology, or culture of Stanwood, the state, or the nation.

“Historic structure” means any structure that is:

“Home building supplies” means an establishment which sells hardware, building materials and lumber. The lumber may be in the main building or in a yard or storage shed.

“Home occupation” means an economic enterprise carried on within a dwelling unit or accessory building which is customarily incidental and secondary to the residential use of the unit as outlined in the residential performance standards of this code. (Bed and breakfast facilities shall not be deemed to be home occupations.)

“Homeless housing” means housing types that are usually geared specifically towards homeless populations including:

“Homeowners’ association” means a private, nonprofit corporation of homeowners of a fixed area constituted for the purpose of owning, operating, and maintaining various common properties.

“Horticulture” means the science and art of cultivating flowers, fruits, vegetables, or ornamental plants.

“Hospital” means a facility providing primary health services and medical or surgical care to persons, primarily inpatients suffering from illness, disease, injury, deformity, other abnormal physical or mental conditions, chemical or substance dependency or abuse, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, and training facilities.

“Hotels and guest houses” means any building containing more than six guest rooms used, or intended to be used, rented, or hired out to be occupied or that are occupied for sleeping purposes by guests, whether rent is paid in money, goods, labor, or otherwise. It does not include buildings in which sleeping accommodations are provided for persons who are harbored or detained to receive medical, charitable, or other care or treatment, or provided for persons who are involuntarily detained under legal restraint.

“House of worship/church” means a building or structure wherein persons regularly assemble for religious worship, which is specifically designed and used primarily for such purpose, and which is maintained and controlled by a religious body organized to sustain public worship.

“Household appliance” means a major appliance, or domestic appliance, and is usually defined as a large machine which accomplishes some routine housekeeping task, which includes purposes such as cooking, food preservation, or cleaning, whether in a household, institutional, commercial or industrial setting.

“Hydric soil” means soil that is saturated, flooded or ponded long enough to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined by following the procedure described in the Washington State Wetland Identification and Delineation Manual, or subsequent amendments.

“Hydrogeologic site evaluation” means an analysis of a site’s groundwater, aquifers, and geology performed by a licensed hydrogeologist.

“Hydrologically isolated” means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.

“Hydrology” means the study of water, including surface water, rain water and groundwater – its origin, occurrence, movement, and quality.

“Hydroperiod” means the seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation.

“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the Washington State Wetland Identification and Delineation Manual.

“Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality. (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1486 § 1 (Exh. A), 2020; Ord. 1373 § 10, 2014; Ord. 1294 §§ 5, 6, 2011; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

“Illicit discharge” means all nonstormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems.

“Illuminated sign” means any sign that has characters, letters, figures, designs or outlines illuminated externally by electric lights or internally by luminous tubes.

“Immediate vicinity,” with regard to the built or manmade environment, means all development that is within 500 linear feet of any proposed development, measured in a straight line from the property line that is closest to any existing development.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development 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, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater.

“Impound, storage, tow yards” means a lot used for the temporary storage of vehicles which have been towed by a towing company or for impounded vehicles, but which does not include permanent vehicle storage or dismantling of vehicles.

“Improvement” means any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment.

“Include” means to contain or comprise without limitation, to consider as part of a whole, or to take into account.

“Incompatible use” means a use that is incapable of existing in harmony with the natural environment or with other uses situated in its immediate vicinity.

“Independent living facility” means a group residence where residents are provided housing, monitoring, activities, housekeeping and laundry services with options for meals.

“Indoor amusement” means establishments engaged in providing entertainment indoors for a fee or admission charge, including such activities as theaters, bowling, pool, billiards, or arcades, that feature three or more coin- or token-operated devices, such as pinball and video games.

“Indoor emergency shelters or housing” means temporary housing for individuals and families for 24 hours up to 90 days. These facilities may or may not include additional supportive services.

“Indoor storage” means the keeping of any goods, materials, merchandise, or supplies as an accessory use to any retail, office, or service use. Any retail or office use shall not devote more than 35 percent of its gross floor area to indoor storage.

“Industrial” means a land use where assembly, fabrication, distribution, processing and manufacturing is allowed.

“Industrial park” means a planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site circulation, parking, utility needs, building design and orientation, and open space.

“Infill development” means the addition of new housing or other buildings on scattered vacant sites or redevelopment of older structures in an existing, already developed area.

“Infrastructure” means the roads, sewage system (including collection lines, treatment plants, and outfalls), water system (including distribution lines and wells), police and fire protection services, health care facilities, schools, electricity system, telephone system, cable television system, natural gas lines, and solid waste disposal facilities.

“Institutional use” means a nonprofit corporation or establishment for public use.

“Intent” means the objective toward which any section of this code strives or for which it exists.

“Interflow” means that portion of rainfall that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface, for example, in a wetland, spring or seep.

“Interior lot” means a lot other than a corner lot.

“Interpretation” means a finding or determination made by the planning director as to the meaning or intent of any work, phrase, or section contained herein.

“Intersection” means any street, public way, court, or alley that joins another at an angle, whether or not it crosses the other.

“Irregular lot” means a lot which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line. (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1444 § 3, 2017; Ord. 1418 § 3, 2016; Ord. 1294 § 6, 2011; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Janitorial services” means a company providing janitorial services such as the cleaning of offices or other building establishments.

“Jewelry store” means an establishment that sells jewelry or other objects of precious metal often set with gems and worn for personal adornment.

“Junkyard” means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking yards, and places or yards for storage of salvaged house wrecking and structured steel materials and equipment. A junkyard shall not be construed to include such uses when conducted entirely within an enclosed building, nor pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged machinery in operable condition or the processing of used, discarded or salvaged materials as part of a manufacturing operation. (Ord. 1294 § 5, 2011; Ord. 929 Ch. 5, 1995).

“Kennel/cattery, hobby” means a collection of three or more adult dogs and three or more cats and one litter of unweaned pups or four or more adult dogs and four or more cats kept for hunting, breeding, exhibition, and/or domestic use.

“Kennel, commercial” means a building in which four or more domestic animals at least four months of age are kept commercially for boarding, breeding, sale or treatment.

“Kiosk/vending machine” means mobile units such as kiosks and vending machines that dispense products for sale including but not limited to beverages, food and video.

“Kitchen” means any area used or intended or designed to be used for cooking or preparation of food. (Ord. 1294 §§ 5, 6, 2011; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Laboratory” means a place devoted to experimental study, such as testing and analyzing, as well as physical diagnostic facilities and soil and water testing facilities. The manufacturing of any product or products is not considered to be part of this definition.

“Land clearing” means the exposure of earth by the removal of vegetative cover of any kind.

“Land use” means the employment of a site or holding so as to derive revenue or other benefit from it; also the delineation by the government of the utilization to which land may be put so as to promote the most advantageous development of the city of Stanwood.

“Land-disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation.

“Landfill” means the depositing of soil, sand, gravel, shell, or other materials on or in any land area, or the artificial alteration of water levels for land reclamation purposes.

“Landmark” means a historical or culturally significant site, building, or other element that is recognized as such by the city and is in part or wholly open to the public.

“Landscape” means the use of materials such as trees, ornamental shrubs, ground cover, gravel, river rock, driftwood, rockeries, or combination of such materials.

Landscape, Perimeter. See “Perimeter landscape.”

“Landscape plan” means a detailed sketch to scale, illustrating the type, size, location and number of plants and other landscape elements to be placed in a development.

“Landscape strip” means a strip of land along the perimeter of the site containing trees, barriers, ground cover and/or other plant material.

“Laundromat” means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.

“Laundry plant” means an establishment for the mechanized washing and/or dry cleaning of clothing, linens, and the like.

“Laundry service” means a retail sales and service establishment that provides for the drop-off of clothing, linens, and the like to be washed, dry cleaned, ironed, mended, or repaired with no machines or equipment for the dyeing of same, and specifically no machines or equipment available for self-service directly by the consumer.

“Legal services” business means an establishment providing legal services to clients.

“Library” means either a public or private facility that houses shelves containing books, reading rooms and/or other reading areas and, possibly, meeting rooms.

“Live entertainment” means an activity characterized by amplified music, dance, or similar venue at which a performer sings, acts, recites or engages an audience or group in a manner intended to entertain and/or to augment another activity or in which amplified music is used for group exercise and/or dance. Performers/leaders may or may not be paid. Live entertainment includes karaoke, all forms of group dances conducted by a disc jockey, and exercises carried out to music such as zumba, but excludes background music.

“Live/work unit” means a single dwelling unit in a detached building, or in a multifamily or mixed-use building, that also accommodates limited commercial uses within the dwelling unit. The predominate use of a live/work unit is residential, and commercial activity is a secondary use.

“Livestock” means animals, such as horses, cattle, pigs, or goats, kept for their services or raised for food and other products.

“Loading space” means an off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

“Local road or street” means a roadway providing for direct access to abutting land, and for local traffic movements.

“Local utility” (SMP) means public or private utilities normally servicing a neighborhood or defined subarea in the city, e.g., telephone exchanges; sanitary sewer; stormwater facilities; distribution lines, electrical distribution less than 55 kV, telephone, cable TV, etc.

“Lodging house” means a building other than a hotel where lodging is provided for five or more persons for compensation pursuant to previous arrangements, but not open to the public or transients, and meals and drinks are not served.

“Lot” means a fractional part of divided land having fixed boundaries and being of sufficient area and dimensions to meet minimum zoning requirements for width, depth, and area. This term shall also include tracts or parcels, but shall not include land divided for purposes of financing or taxation.

“Lot area” means the total horizontal area contained within the boundary lines of a lot.

Lot, Building. See “Building lot.”

Lot, Corner. See “Corner lot.”

“Lot depth” means the mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.

Lot, Interior. See “Interior lot.”

Lot Line, Front. See “Front lot line.”

Lot Line, Rear. See “Rear lot line.”

Lot Line, Side. See “Side lot line.”

“Lot of record” means an area or parcel of land as shown on an officially recorded plat or subdivision, or an area or parcel of land to which a deed or contract is officially recorded as a unit of property, or which is described by metes and bounds, or as a fraction of a section.

Lot, Through. See “Through lot.”

“Lot width” means the mean horizontal distance between the side lines, measured at right angles to the side lot line. Where side lot lines are not parallel, the lot width shall be considered as the average distance between such side lot lines.

Lot, Zoning. See “Zoning lot.”

“Lounge” means a building or portion of a building, wherein alcoholic beverages are sold by the drink and consumed on the premises.

Lowest Floor. For the purposes of Chapter 18.810 SMC, “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 provided there are adequate flood ventilation openings.

“Lumber and wood products processing” means a facility that fabricates wood products and/or provides mill work or construction and assembly of products made from wood. (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1418 § 4, 2016; Ord. 1373 § 11, 2014; Ord. 1294 §§ 5, 6, 2011; Ord. 1267 § 3, 2010; Ord. 1251 § 3, 2009; Ord. 1250 § 3, 2009; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Major public community drinking water supply” means those public water systems that are permitted to withdraw an average daily amount of at least 100,000 gallons of groundwater.

Manicurist. See “Barber shop” or “beauty shop.”

Manufactured/Mobile Home.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Manufactured/mobile home space” means that portion of land in a manufactured/mobile home park allotted or designed for accommodation of one mobile home.

“Manufacturing, heavy” means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in the storage of, or manufacturing processes that potentially involve, hazardous or commonly recognized offensive conditions.

“Manufacturing, light” means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including process, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

“Marijuana” means all parts of the cannabis plant whether growing or not.

“Marijuana processor” means the definition as set forth in RCW 69.50.101.

“Marijuana producer” means the definition as set forth in RCW 69.50.101.

“Marijuana retailer” means the definition as set forth in RCW 69.50.101.

“Marijuana use” includes a store, agency, organization, dispensary, cooperative, network consultation, operation, or other business entity, group or person, no matter how described or defined, including any associated premises and equipment which has for its purpose or which is used to grow, select, measure, process, package, label, deliver, dispense, sell or otherwise transfer for consideration, or otherwise, marijuana in any form.

“Marijuana-infused products” means the definition as set forth in RCW 69.50.101.

“Marina” (SMP) means any commercial or private facility consisting of docks or piers serving five or more vessels.

Marquee. See “Canopy.”

“Massage” means the manipulation of the superficial tissue of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or any electrical or mechanical device, or the application to the human body of a chemical or herbal preparation, and is not intended to be sexually arousing.

“Massage clinic or center” means a business establishment offering massage, steam baths, etc., to relieve tension, make muscles or joints supple, or stimulate circulation. An establishment that refers to itself as a “massage parlor” and fits the definition of an adult entertainment facility (see SMC 17.20.020) shall not, for the purpose of this code, be considered to be a massage clinic or center.

“Master program” means the comprehensive shoreline plan for the city and the use regulations, together with maps, diagrams, charts or other descriptive material and text, developed in accordance with the policies set forth in this code and RCW 90.58.020 (Section 2 of the Shoreline Management Act of 1971).

“Mean high water” means the average height of the high waters over a 19-year period, or for shorter periods of observation, the average height of the high water after corrections are applied to eliminate known variations and to produce the result of the equivalent of a mean 19-year value. Alternatively, mean high water may be defined as the average height of the high waters as established and accepted by the U.S. Army Corps of Engineers.

“Mean high water line” means the intersection of the tidal plane of mean high water with the shoreline.

“Mean low water” means the average height of the low waters over a 19-year period, or for shorter periods of observation, the average height of the low waters after corrections are applied to eliminate known variations and to produce the result of the equivalent of a mean 19-year value. Alternatively, mean low water may be defined as the average height of the low waters as established and accepted by the U.S. Army Corps of Engineers.

“Mean low water line” means the intersection of the tidal plane of mean low water with the shoreline.

“Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

“Medical equipment” means equipment that is designed to aid in the diagnosis, monitoring or treatment of medical conditions.

“Medical marijuana collective garden” means any place, area or garden where qualifying patients share responsibility and engage in the production, processing, and delivery of marijuana for medical use as set forth in Chapter 69.514 RCW and subject to the limitations therein.

“Meeting hall” means a place of assembly that is used on a temporary but recurring basis for a variety of public or private events including meetings, live entertainment, celebrations, exhibits or similar activities.

“Mezzanine” means a floor level between two main floors of a building, usually immediately above the ground floor.

“Middle school” means any school, public or private, intended for the education of children from the sixth through eighth grade.

“Minimum living area” means the area within the outside perimeter of the exterior walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of areas open and unobstructed to the sky, and not to include garages, carports, open porches, open breezeways, store rooms, screened-in porches, or basements.

“Mining” (SMP) means the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses.

“Ministorage or miniwarehouse” means a building or group of buildings consisting of individual storage units not exceeding 400 square feet per storage unit that are leased or owned for the storage of business and household goods or contractor’s supplies. These facilities shall not be used for any wholesale or retail operations.

“Mitigation” means an action or actions taken to lessen or to compensate for unavoidable adverse effects on public facilities, environmentally sensitive areas, or historic properties. Compensatory mitigation for replacing project-induced wetland losses or impacts includes, but is not limited to, the following:

“Mixed-use” means a land use combination of residential and commercial uses within a single building or development that may occur either within one story as a horizontal mix, in one structure with multiple stories as a vertical mix, or in more than one detached structure. Mixed-use may occur where the underlying zoning allows “mixed-use” or all uses proposed as “permitted.” Unit types allowed within “mixed-use” may include one or two apartments, an apartment house of three or more units, or townhouses.

“Mixed-use, vertical” means a residential and commercial use in which residential units are provided on the second or third story over commercial or office uses when the underlying zoning is a single use commercial or residential designation. An example of such a type of development could have commercial uses or parking on the ground floor, offices or residences above, and residential units above the offices.

“Modular home” means a dwelling unit constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance, and transported to the building site for final assembly and permanent foundation. This definition includes “prefabricated,” “panelized,” and “factory-built” units.

“Monitoring” means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.

“Motel” means a building or group of buildings containing guest rooms or apartments designed or used primarily by automobile transients, including, but not limited to, auto courts, motor inns, tourist courts, and motor lodges.

“Motion picture industry” means an industry consisting of the technological and commercial institutions of filmmaking: i.e., film production companies, film studios, cinematography, film production, screenwriting, pre-production, post production, film festivals, distribution; and actors, film directors and other film personnel.

“Moving van and storage facility” means an establishment providing trucking to move household or business furniture and both short-term or long-term storage facilities.

“Mulch” means nonliving, organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.

“Multiple-family dwelling” means a building or portion thereof, used or designed as a residence for three or more families living independently of each other and each with facilities that are used or intended to be used for living, sleeping, and cooking in said building. This definition includes apartment houses but does not include hotels, trailers, or mobile/manufactured homes.

“Multiple use” (SMP) within an area subject to the jurisdiction of the Shoreline Management Act means a combination of compatible uses within one development, in which water-oriented and non-water-oriented uses are included.

“Museum” means a nonprofit, noncommercial establishment operated as a repository or a collection of natural, historic, scientific, or literary curiosities, or objects of interest or works of art. Restaurants and gift shops may be included as part of any museum, so long as the square footage for these activities constitutes not more than 25 percent of the total floor area of the museum building. (Ord. 1486 § 1 (Exh. A), 2020; Ord. 1376 § 4, 2014; Ord. 1373 § 12, 2014; Ord. 1344 § 3, 2013; Ord. 1332 § 4, 2012; Ord. 1294 §§ 5, 6, 2011; Ord. 1267 § 6, 2010; Ord. 1250 § 4, 2009; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“National geodetic vertical datum (NGVD),” as corrected in 1929, means a vertical control used as a reference for establishing varying elevations within the floodplain.

“National Register of Historic Places” means a list of properties that have been formally judged to have historic significance and which have been accepted by the keeper of the national register.

“Native growth protection easement or area” means a formally recorded easement placed over an area of land for the permanent protection of critical areas, critical area buffers, or other environmentally sensitive lands.

“Native vegetation” means plant species that are indigenous to the area in question.

“Necessary” means anything that is deemed by the city of Stanwood to be required to meet the needs of the general public.

“Net acre” means the area that is left over for development once common areas, including but not limited to public or private rights-of-way, stormwater tracts, sensitive areas and their buffers, and open space, are removed from a parcel of land proposed for development.

“Net density” means the number of units achievable per net acre of land proposed for development.

“Net floor area” means the area actually occupied, not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet rooms, mechanical areas, or other similar features.

“New construction” means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations adopted by the community.

“New or used automobile sales and service establishments” means an establishment that provides for the sale of motorized vehicles as its primary use, and allows for minor or major repairs, or paint and body work. No body-damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted.

“News/magazine stand” means a stall where newspapers and other periodicals are sold.

“Night club” means a business conducted entirely within a building that has a capacity for at least 30 persons seated at tables, includes a bar, employs a bartender and maintains table service, dancing, and/or live entertainment for the guests. Food service may be provided as an accessory use. The term “night club” excludes bars/cocktail lounges, restaurants and taverns.

“No net loss of ecological functions” (SMP) is the maintenance of existing ecological processes and functions at the level that existed at the time of approval of relevant policies and regulations.

“Noncombustible material” means any material that will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not burn or glow at or below that temperature.

“Nonconforming building” means a legally existing building that fails to comply with this code (for height, number of stories, size, area, yards, location, or use) applicable to the district in which the building is located.

“Nonconforming development” (SMP) or “nonconforming structure” (SMP) means an existing structure that was lawfully constructed at the time it was built but is no longer fully consistent with present regulations such as setbacks, buffers, or yards; area; bulk; height; or density standards due to subsequent changes to the master program.

“Nonconforming lot” (SMP) means a lot that met dimensional requirements of the applicable master program at the time of its establishment but now contains less than the required width, depth, or area due to subsequent changes to the master program.

“Nonconforming structure” means a structure that was legally constructed prior to the effective date of this code, but which would not be permitted as a new structure under the terms of this code because such structure is not in conformance with the yard, height, lot coverage, or open space requirements of the zone in which it is located.

“Nonconforming use” means a utilization of land or structures or both, legally established prior to the effective date of this code, which would not be permitted as a new use in the zone in which it is located under the terms of this code.

“Nonconforming use” (SMP) means an existing shoreline use that was lawfully established prior to the effective date of the Act or the applicable master program, but which does not conform to present use regulations due to subsequent changes to the master program.

“Non-water-dependent use” (SMP) means those uses which are not water-dependent.

“Non-water-oriented use” (SMP) means those uses which are not water-dependent, water-related, or water-enjoyment.

“Notify” means to inform by either hand delivery, regular mail or certified mail (except where otherwise specified) the applicant, his authorized agent or representative, adjacent property owners, or the planning director.

“Nuisance” means the use of property or course of conduct that interferes with the legal rights of others which causes damage, annoyance, inconvenience, or tends to injure the health, safety, or morals of the city’s residents.

“Nursing, rest, or convalescent home” means a private facility for the care of three or more children, aged, or infirm persons, or a place of rest for those suffering bodily disorders. Such facility does not contain equipment for surgical care or for the treatment of injury. (See also “residential treatment facilities.”) (Ord. 1486 § 1 (Exh. A), 2020; Ord. 1475 § 1 (Att. A), 2019; Ord. 1373 § 13, 2014; Ord. 1294 § 5, 2011; Ord. 1267 § 4, 2010; Ord. 1164 § 4, 2004; Ord. 1133 § 2, 2003; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Occupancy” means the physical utilization of a structure or land on a temporary or permanent basis. This includes existing structures built prior to the enactment of this code that do not have authorization by virtue of a valid permit issued.

“Office” means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

“Office furnishings and equipment store” means an establishment that sells office furnishings and office equipment.

“Office park” means a tract of land that has been planned, developed, and operates as an integrated facility for at least three separate office buildings and supporting ancillary uses, with special attention given to circulation, parking, aesthetics, and compatibility.

“Office supplies” means supplies regularly used in offices by businesses and other organizations, from private citizens to governments.

“Official plans” means those official maps or map or portions thereof, adopted by ordinance by the council as provided in Chapter 35.63 RCW, and as hereafter amended.

“Off-street parking” means the minimum off-street, on-site parking of vehicles that shall be provided under the terms of this code.

“On-site” means located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole.

One-Hundred-Year Flood or 100-Year Flood. See “Base flood.”

“Open space” means an area that is intended to provide light and air, and is designed or preserved for environmental, habitat, scenic or recreational purposes.

“Open space” (SMP) means an area that is intended to provide light and air, view, use or passage of persons or animals which is almost entirely unobstructed by buildings, paved areas, or other manmade structures and is designed or preserved for environmental, habitat, scenic or recreational purposes.

Open Space, Usable. See “Usable open space.”

“Optician” means a maker of or dealer in optical items and instruments or a person who reads prescriptions for visual correction, orders lenses, and dispenses eyeglasses and contact lenses.

“Ordinary high water mark” means the mark on all lakes and streams that will be found by examining the beds and banks and ascertaining 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 and vegetation, as that condition exists on the effective date of this code, or as it may naturally change thereafter. In any area where the ordinary high water mark cannot be found, it shall be the line of the mean high tide in areas adjoining salt water, and the line of mean high water in areas adjoining freshwater.

“Ordinary high water mark” (SMP) means the mark on all lakes, streams, and tidal water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existed on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining freshwater shall be the line of mean high water.

“Ordinary residential improvements” means those structures and facilities which are commonly found with, and are incidental to the development and use of a single-family residence and are located landward of the ordinary high water mark including, but not limited to, garages, decks, driveways and serving utility systems.

“Other advertising structure” means any marquee, canopy, awning, or street clock as further defined in this code.

“Other schools” means places for systematic instruction, to include trade, vocational/technical, art, music, dance, and business schools or similar type institutions.

“Outdoor sale” means the selling of any goods, material, merchandise, or vehicles for more than 24 consecutive hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way. The display of said goods, material, merchandise, or vehicles shall, for the purpose of this code, constitute a sale.

“Outside storage” or “outdoor storage” means the safekeeping of any goods or products in an unoccupied space, open to the sky, for eventual removal not expected within 72 hours or for continuous replacement by same or similar goods or products.

“Overlay zone” means a zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond that required by the underlying zone. (Ord. 1486 § 1 (Exh. A), 2020; Ord. 1373 § 14, 2014; Ord. 1294 § 5, 2011; Ord. 1110 § 3, 2002; Ord. 1098 § 1, 2001; Ord. 929 Ch. 5, 1995).

“Parcel” means a continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

“Park and ride facility” means a parking area designated for commuters using public transportation.

“Park, community” means a regional facility including athletic fields and/or ball fields and/or other improvements for organized activities, open space for passive recreation, playgrounds and similar facilities. A community park serves an area of over 10,000 in population and is 20 to 100 acres.

“Park, neighborhood” means a combination playground and park of five to 20 acres designed primarily for nonsupervised, non-organized recreation activities serving an area of 2,000 to 10,000 population within a quarter to one-half mile service area.

“Park, private/HOA” means privately owned outdoor premises, available for community use, containing recreational areas, common space, or playground equipment. A private park is owned and maintained by an individual, company or homeowners association. The park grounds and recreational facilities shall be for the sole use of residents living in the area or subdivision where such facilities are located and shall not be used for commercial purposes.

“Park, urban” means an area that may be improved for the purpose of providing public access and use in a manner consistent with its recreational, educational, cultural, historical, or aesthetic qualities. This type of facility may include passive recreation, playground, garden, picnic area, path or trail, seating area, restroom, or similar activities.

“Parking garage” means a building, or portion of building, or area beneath a building or structure, except those described as a private garage, used for the parking only of automotive vehicles.

“Parking lot and/or garage” means an off-street facility used for the storage or parking of motor vehicles to provide an accessory service to a commercial, industrial, public or residential use. See also “Private garage.”

“Parking space” means an area of not less than 8.5 feet wide by 18 feet long, for each automobile or motor vehicle, such space being exclusive of necessary driving aisles, entrances, or exits, and being fully accessible for the storage or parking of permitted vehicles.

“Parking structure” means a stand-alone structure used for the storage or parking of motor vehicles. The footprint of a parking structure will be included in the calculation of lot coverage. See also SMC 17.20.080, “garage.”

“Party of record” means a person, group, or organization that is an applicant or has provided written comment or verbal testimony during a public hearing, or has requested in writing to be a party of record in a particular case.

“Pawnshop” means an establishment that offers secured loans to people, with items of personal property used as collateral.

“Performance bond or guarantee” means a financial device to insure that all improvements, facilities, or work required by this code will be completed in compliance with the approved plans and specifications of a development.

“Perimeter landscape” means a continuous area of land, required to be set aside along the perimeter of a lot, in which landscaping is used to provide a transition between uses and/or to reduce the environmental, aesthetic, and other impacts of one type of land use or activity upon another.

“Permit” means any license, certificate, approval, or other entitlement for use granted by any public agency.

Permit, Site Development. See “Site development permit.”

“Permittee” means a person receiving any permit pursuant to the provisions of this code.

“Person” means any individual, organization, partnership, association, corporation, or other entity, including any utility, the city of Stanwood, the governments of Snohomish County or the state of Washington, the government of the United States, any department, agency, board, authority, or commission of such governments, and any officer or governing or managing body of any of the foregoing.

“Personal service” means a land use devoted primarily to non-office services, including beauty parlors, shops or salons; barbershops; reducing or slenderizing studios; electrolysis services; manicurists; and the like.

“Pet, domestic” means three or fewer cats or dogs or similar domesticated animals.

“Pharmacy” means a business where prescription drugs are dispensed by a licensed pharmacist. Pharmacies are typically located in drug stores where prescription drugs and other miscellaneous merchandise are sold, and/or included as an accessory use in supermarkets.

“Photo processing service” means an establishment providing photo processing services and photographic equipment and goods.

“Photocopy/private mail center” means an establishment providing photocopy services including digital and offset printing and private mail boxes and mail or package delivery services.

“Photographic equipment/camera shop” means an establishment selling photographic equipment and camera supplies and goods.

“Physical or natural sciences” means one of the sciences dealing with inanimate matter or natural resources. For the purposes of this code, this term shall include, but not be limited to, forestry, geography, ecology, biology, wildlife biology, fisheries biology, geology, engineering, architecture, landscape architecture, soil science, horticulture and agronomy.

“Pier” (SMP) means docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. This definition does not include over-water trails.

“Place of public assembly” means any area, building or structure where large numbers of individuals meet or collect to participate or to observe programs of participation. Places of public assembly shall include theaters, auditoriums, gymnasiums, stadiums, houses of worship, or comparable facilities.

“Planned residential development” means land under unified control to be planned and developed as a whole in a single development operation or a programmed series of development operations or phases. A planned residential development generally has uses including residential and recreational that are designed to be in a harmonious relationship with each other. Such a development is built according to specific plans that include not only streets, utilities, lots, and building locations, but also site plans for all buildings that are intended to be located, constructed, used and related to each other and plans for other uses and improvements on the land as related to the buildings.

“Planning commission” means that agency established by the council as provided in Chapters 35.63 or 35A.63 RCW, and as hereafter amended.

“Plant communities” means a natural association of plants that are dominated by one or more prominent species.

“Plant nursery” means an enterprise, establishment, or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items (but not farm implements) directly related to their care and maintenance. The accessory items normally sold include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels.

“Plat” means a map, plan, or layout of a subdivision of land, indicating the location and boundaries of individual properties.

Plat, Final. See “Final plat.”

“Playground” means a piece of land used for and usually equipped with facilities for recreation especially by children. This definition includes small parcels developed as “tot lots” and may include playground equipment such as swings, slides and climbing structures.

“Plot” means a parcel of ground containing more than one lot upon which a building and its accessory buildings have been or may be erected.

“Post office” means a facility authorized by a postal system for the posting, receipt, sorting, handling, transmission and delivery of mail. Post offices offer mail-related services such as post office boxes, postage and packaging supplies.

“Post-secondary school” means an institution providing a post-secondary level of education that is provided at academies, universities, colleges, seminaries, institutes of technology, and certain other collegiate-level institutions, such as vocational schools, trade schools, and career colleges, that award academic degrees or professional certifications.

“Potable water” means water that is intended for drinking, cooking, or domestic purposes, subject to compliance with state or federal drinking water standards.

“Preliminary approval” means the official action taken on a preliminary plat, subdivision, project or dedication by the city. The applicant shall be entitled to final approval when all conditions attached to the preliminary approval are met or improvements have been provided.

“Preliminary plat” means an approximate drawing showing the layout of a proposed subdivision, including streets, alleys, lots and open space, and containing all elements required by this code. The preliminary plat shall be the basis for the approval or disapproval of the final plat.

“Premises” means land and all buildings and structures thereon.

“Preschool facility” means an educational center or establishment, including a kindergarten, that provides primarily instruction, supplemented by daytime care, for four or more children between the ages of two and five years, and which operates on a regular basis.

“Preserve areas” means areas restricted for the protection and preservation of natural or cultural resources.

“Primary association” means a habitat area by critical species for rearing young, roosting, feeding, or foraging on a regular basis during the appropriate season.

“Principal or main building” means a building in which is conducted the primary use of the lot on which it is situated.

“Principal use” means the main use of land or buildings as distinguished from a subordinate or accessory use.

“Printing and publishing” means an establishment providing printing and publishing services.

“Printing, publishing or allied industry” means an industry for the process of printing or the reproduction of text and image, typically with ink on paper using a printing press. It is often carried out as a large-scale industrial process, and is an essential part of publishing and transaction printing.

“Priority habitat” means habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element (WAC 173-26-020(34)).

“Private” means noncommercial use by the occupant and guests of the occupant.

“Private automobile parking area” means an open area, located on the same lot with a dwelling or hotel, for parking automobiles of the occupants of such buildings.

“Private clubs” means organizations that are privately owned and operated by their members and not operated for profit, and which maintain recreational, dining, and/or athletic facilities for the exclusive use of the members and their guests and uses accessory or incidental thereto.

“Private garage” means an accessory building primarily for the storage of self-propelled vehicles for the use of occupants of a lot on which such building is located. The foregoing definition shall be construed to permit the storage on any one lot for the occupants thereof within such garage, of commercial vehicles that otherwise may be used as private vehicles. However, this shall not be construed to include construction equipment or vehicles with a rated base curb weight in excess of 5,000 pounds.

“Private parking” means parking facilities for the noncommercial use of the occupant and guests of the occupant, which includes garages and carports as long as dimensional requirements of off-street parking are met.

“Private road” means an easement or parcel created to provide access from a right-of-way to a lot, the maintenance of which shall be the responsibility of the lot owners having access thereto.

“Private road” means that easement or parcel created to provide the access from a city road to short platted lots, the maintenance of which is to be the responsibility of the lot owners.

“Professional consultant” means the conduct of business by providing expertise to clients for a fee for service in any of the following related categories: architecture, landscape architecture, engineering, planning, law, medicine, music, art, interior design, writing, education, or any similar type of business.

“Professional office” means the office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon.

“Public access” (SMP) means physical and/or visual approach to and along the shoreline available to the general public.

“Public agency” means the government of the United States, the governments of the state of Washington, Snohomish County, the city of Stanwood, or any department, agency, board, authority, or commission of these governments, and any officer or governing or managing body of any of the foregoing.

“Public automobile parking area” means an open area, other than a street or private automobile parking area, designed to be used for the parking of two or more automobiles.

“Public building” means any building held, used, or controlled exclusively for public purposes by any department or branch of government without reference to the ownership of the building or of the realty upon which it is situated.

“Public highways” means every way, lane, road, street, and boulevard, and every way or place in the state open as a matter of right to public vehicular travel both inside and outside the limits of cities and towns, and includes community arterials, neighborhood streets and residential streets, some of which may or may not be portions of the primary or secondary highway system of the state.

“Public improvement” means any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility, and energy services.

“Public notice” means the legal advertisement given of an action or proposed action of the city of Stanwood or its designee.

“Public safety station” means a facility used for police and fire services.

“Public street” means a street affording the principal means of access to abutting property, and dedicated to or maintained by the city of Stanwood, Snohomish County, or the state of Washington.

“Public transit storage and maintenance facility” means a facility used for public transit storage and maintenance.

“Public transit terminal” means a terminal used for public transit.

“Public use” means the use of any land, water, or building by a public agency for the general public, or by the public itself.

“Public utility” means any person, firm, corporation, governmental department, or board duly authorized under government regulations to furnish electricity, gas, communications, transportation, or water to the public.

“Publishing” means the commercial production and issuance of literature, information, musical scores or sometimes recordings or art. (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1373 § 15, 2014; Ord. 1294 §§ 5, 6, 2011; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Qualified professional” means a person with experience and training in a field that is applicable to the work to be performed by this person. For critical areas studies, a qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or related field, and two years of relevant work experience. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington.

“Quarrying and associated activities” means operations that primarily involve surface mining or quarrying of nonmetallic minerals such as dimension stone, crushed and broken stone, including riprap, and sand and gravel pits. Primary preparation plants of quarried material for construction and other special uses are also included in this definition. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

“Ramp” means a structure (usually a paved surface) that facilitates the placement into or removal from the water of small boats capable of being carried on a trailer which is pulled by another vehicle.

“Rear lot line” means, ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular or gore shaped lot, a line 10 feet in length entirely within the lot, parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the planning director shall designate the rear lot line.

“Rear yard” means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.

“Reasonably safe from flooding” means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, “reasonably safe from flooding” means that the lowest floor is at least two feet above the highest adjacent grade.

“Recovery home” means a licensed facility for drug and alcohol recovery houses. Recovery homes are alcohol- and drug-free living environments that provide structured, transitional housing for men and women in recovery.

“Recreation areas or facilities” means any privately or publicly owned passive or active park, playground, sports field, access easement, beach, or other recreation area.

“Recreation areas or facilities” (SMP) means any privately or publicly owned passive or active facility that provides for activities undertaken for pleasure or relaxation and for the refreshment of the mind and body that takes place in the outdoors or in a facility dedicated to the use including walking, fishing, photography, viewing, and bird-watching and may include parks, playgrounds, sports fields, paths and trails, beaches, or other recreation areas or facilities.

“Recreation vehicle park” means land under unified control and single ownership designed and improved to accommodate the temporary parking of two or more recreation vehicles. The term shall include campgrounds when designed to accommodate travel trailers, but does not include land zoned and used for the display or sale of travel trailers. For the purpose of this definition, “temporary parking” shall mean placement of a recreation vehicle on a single site for 180 days or less in any 12-month period.

“Recreational facilities” means facilities required as part of open space and recreation requirements in Chapter 17.147 SMC, Recreational and Open Space Standards, as part of a residential subdivision/development project.

Recreational Vehicle (RV).

“Recycling collection stand” means a movable kiosk for the collection of recyclable materials or donations such as newspapers, clothing or books.

“Regulatory flood” means a flood that is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular watercourse. The regulatory flood generally has a flood frequency of approximately 100 years, as determined from an analysis of floods on a particular watercourse and other watercourses in the same general area.

“Related project” means any project that is existing, under construction, or for which permits have been sought, an impact or impacts of which may add to or change an impact or impacts of a development proposal under consideration. A related project need not be owned or operated or operated in common with the development proposal under consideration.

“Remediation” means the cleanup of contamination and restoration to some acceptable level.

“Repair services” means a use which involves putting together what is torn or broken or restoring a product to a usable condition.

“Reserve strip” means a parcel of land typically located at the edge of a subdivision, the purpose of which is to restrict access from the end or side of a street.

“Reservoir” means an artificial lake where water is collected and kept in quantity for use.

“Residential treatment facility” means a facility that provides both a residence (for varying periods of time) and a care component. Among such facilities are group care homes, emergency or homeless shelters (including victims of violence), recovery homes, and nursing homes, rest and convalescent homes, and orphanages. In such a facility service, equipment, and safety features necessary for the proper care of residents is normally provided. Such services may include: (1) supervision and assistance in dressing, bathing, and in the maintenance of good personal hygiene; (2) care in emergencies or during temporary illness, usually for periods of one week or less; (3) supervision in the taking of medication; and (4) other services conducive to the residents’ welfare.

“Residential use” means use of land or structure thereon, or portion thereof, as a dwelling place for one or more families or households, but not including occupancy of a transient nature such as in hotels, motels, or time-sharing condominium uses.

“Resort” means a hotel that serves as a destination point for visitors. A resort generally provides recreational facilities for paying guests on vacation. A resort shall be self-contained and provide personal services customarily furnished at hotels, including the serving of meals.

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

“Retail food establishment” means any fixed or mobile place or facility at or in which food or beverages are offered or prepared for retail sale or for service. The definition includes restaurants, fast food restaurants, carry-out restaurants and drive-in restaurants. A cafeteria shall be deemed a restaurant for purposes of this code. This definition excludes bars/cocktail lounges, taverns, and night clubs.

“Retail sales area” means the area in square feet devoted exclusively for the sale or display of goods or commodities.

“Retail trade” means establishments primarily engaged in providing finished products to individual consumers. Retail trade establishments may include, but is not limited to, apparel, books, groceries, camera shops, convenience stores and automobile service stations.

“Retirement home” means a place of residence for several families or individuals, which may feature services such as limited nursing facilities, minimum maintenance living accommodations and recreation programs and facilities.

“Right-of-way” means a street, alley, or other thoroughfare or easement, whether physically accessible or not, that has been permanently established or dedicated for the passage of persons or vehicles. Title to this land remains with the public or private agency until the need no longer exists.

“Rill” means a steep-sided channel resulting from accelerated erosion. A rill is generally a few inches deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes, particularly steep slopes with poor vegetative cover.

“Riparian habitat” means areas adjacent to aquatic systems with flowing water that contain elements of 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 stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities.

“Riparian wetlands” means those wetlands that are located within 100 feet of the ordinary high water mark of a river or stream and are not hydrologically isolated from the river or stream.

Road, Private. See “Private road.” (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1486 § 1 (Exh. A), 2020; Ord. 1373 § 16, 2014; Ord. 1294 § 5, 2011; Ord. 1267 § 7, 2010; Ord. 1250 § 5, 2009; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Salmonid” means a member of the fish family salmonidae including: chinook, coho, chum, sockeye, and pink salmon; rainbow, steelhead, searun cutthroat, cutthroat trout, brown and bull trout; brook and Dolly Varden char; kokanee and whitefish.

“Scenic corridor” means any strip of land adjacent to public roadways that is visible to the motoring public and has natural aesthetic significance.

“Scenic easement” means an easement, the purpose of which is to limit development or protect a view or scenic area.

“School” means a place for systematic instruction in any branch or branches of knowledge.

School, Elementary. See “Elementary school.”

School, High. See “High school.”

School, Middle. See “Middle school.”

Schools, Other. See “Other schools.”

“Screening” means a device or materials used to conceal adjacent land or development. Screening may include walls, berms, or vegetation that must be of sufficient density to block the view of adjacent land or development from either side of the screen. The screen, if vegetative, shall be planted and maintained to completely block the view of adjacent land or development after 12 months. The screen shall be maintained or constructed at such a density as to block the view to adjacent properties.

“Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata.

“Seating capacity” means the actual number of people that can be accommodated in an area based upon the number of seats, or one seat per 20 inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined by the building code of the city of Stanwood.

“Seminary” means an educational institution for religious study.

“Septage” or “domestic septage” means a liquid or solid material removed from septic tanks, cesspools, portable toilets, type III marine sanitation devices, vault toilets, pit toilets, RV holding tanks, or similar systems that receive only domestic sewage. Septage may also include commercial or industrial septage mixed with domestic septage if approved in accordance with the provisions in WAC 173-308-020(3)(g).

“Septage facility” means a facility which receives septage and/or domestic septage for the purpose of treating and/or processing.

“Setback” means the horizontal distance between the front line, sideline, or rear line of the building site to the front, side, or rear of the building or structure, respectively. Setbacks shall be measured perpendicular to and parallel with property or right-of-way lines and footprint of the building or structure. Where any building or structure is not built parallel to any property line, the setback distance shall be measured perpendicular from that part of the building or structure which is closest to the relevant property line. The front, rear and side yard setbacks established for the various uses in the different zoning districts in this code are the lines beyond which no part of a building may project, except as may be otherwise provided in this code.

“Sewage lift station” means the station in a sewer system where the wastewater needs to be pumped (lifted) to a higher elevation so that gravity can be used to bring the wastewater to the treatment plant.

“Sewage treatment plant” means any arrangement of devices and structures used for treating sewage and does not include the definition of septage facility.

“Shoe repair” means an establishment providing shoe repair services, and it may also sell shoes and shoe-related items.

“Shopping center” means a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit related in its location, size and type of shops to the trade area which the unit serves.

“Shorelands or shoreland areas” (SMP) means those lands under the jurisdiction of the Shoreline Management Act extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters that are subject to the provisions of the Shoreline Management Act, Chapter 90.58 RCW; the same to be designated as to location by the Department of Ecology.

“Shoreline areas” (SMP) means all “shorelines of the state” and “shorelands.”

“Shoreline stabilization” (SMP) means structural and nonstructural methods to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as currents, floods, tides, wind, or wave action.

“Shorelines of statewide significance” partially or completely within the city means the following shorelines:

“Short plat” means the map or representation of a short subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions.

“Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of gift, sale, lease or development.

“Short term rehab facility” means a skilled nursing facility that provides in-patient intensive physical, occupational and speech/swallowing therapy and registered nurse medication and treatment management under the supervision of the physician after an admission to the hospital. Length of stay is generally 30 days or less before patient returns home.

“Should” (SMP) means, in areas that are subject to the provisions of the Shoreline Management Act, Chapter 90.58 RCW, that a particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action. The director, in consultation with the DOE, shall make the determination about whether or not an applicant has demonstrated that there is a compelling reason against taking an action.

“Side lot line” means any lot line that, as defined by this code, does not constitute a front or rear lot line.

“Side yard” means a yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as the case may be, except that on a corner lot the side yard adjacent to a street shall extend the full depth of the lot.

“Sidewalk” means that portion of a transition strip improved for pedestrian traffic in accordance with standards fixed by the public works director. “Transitions strip” means that portion of the public street abutting a tract of land lying between the traveled portion of the street and the property lines.

“Sign” means letters, figures, symbols, trademarks, or logos, with or without illumination, intended to identify any place, subject, person, firm, business, product, article, merchandise or point of sale. A sign also includes balloons attached to sign structures, products, streamers, spinners, pennants, flags, inflatables or similar devices intended to attract attention to a place or business, as well as architectural or structural forms, illuminated panels, spandrels, awnings and other structural or architectural features not common to classic vernacular or noncorporate regional architecture and that are intended to convey a brand, message or otherwise advertise a location or product, whether or not such features include text or graphics and whether or not they serve other practical purposes such as lighting, covering or enclosure of persons or products. A sign includes any device which streams, televises or otherwise conveys electronic visual messages, pictures, videos or images, with or without sound or odors. A sign does not include letters, figures, symbols, trademarks, or logos wholly within the interior of a building and not visible from the exterior of a building or visible but more than three feet away from a transparent door or window.

Sign, Blade. “Blade sign” means a sign other than a wall sign that is attached to an architectural feature of a building, is suspended horizontally, projects more than six inches from the building, and hangs over a sidewalk or walkway.

Sign, Business. “Business sign” means a sign that directs attention to a business, commodity, service or activity conducted or offered upon the premises where the sign is located.

“Sign face” means the portion of a sign that is or may be used for copy.

Sign, Freestanding. See “Freestanding sign.”

Sign, Gross Area. The “gross area” of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such a sign. However, such perimeter shall not include any structural elements lying outside the limits of such a sign and not forming an integral part of the display.

Sign, Ground. “Ground sign” means a sign supported by uprights or braces placed on or in the ground and not attached in any manner to a building or structure.

Sign, Group. “Group sign” means a sign or signs on one sign structure serving two or more businesses sharing a parking facility.

Sign, Identification. “Identification sign” means a sign on the premises bearing the name of a residential development, the name of a group housing project or of a school, college, park, church or other public or quasi-public facility, or a professional or firm nameplate, and bearing information identifying, but not describing, occupancy of the premises on which such sign is located.

Sign, Monument. “Monument sign” means a sign detached from any building that is supported upon the ground by a solid base with no opening between the base and the sign.

Sign, Occupancy. “Occupancy sign” means a sign on the premises bearing the name or address of the piece of property, the name of the owner or resident, and/or any permitted home occupation, and bearing information pertaining only to the premises on which such sign is located.

Sign, Off-Premises. “Off-premises sign” means a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located.

Sign, On-Premises. “On-premises sign” means a sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the premises where the sign is located.

Sign, Outdoor Advertising. “Outdoor advertising sign” means any card, cloth, paper, metal, painted, glass, wooden, plaster, stone, or other sign of any kind or character, placed for outdoor advertising purposes on the ground or on any tree, wall, rock, post, fence, bush, building, structure, or thing whatsoever. The term “placed” as used in the definition of “outdoor advertising sign” and “outdoor advertising structure” shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing, or making visible in any manner.

Sign, Portable. “Portable sign” shall mean signs or poster boards of any material which are capable of being moved by one person without machinery from one location to another for the purpose of advertisement or announcement for business or other purposes. The term “portable sign” includes, but is not limited to, signs mounted on trailers and signs mounted on frames placed on the surface of any lot.

Sign, Projecting. “Projecting sign” means a sign other than a wall sign that is attached to and projects from a building. This definition includes clocks and other structures that call attention to and advertise a location.

Sign, Readerboard. “Readerboard sign” means a sign with a face that allows changeable text.

“Sign structure” means any construction used or designated to support a sign.

Sign, Temporary. “Temporary sign” means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding signs addressed in SMC 17.110.080 and 17.110.085, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20 oz. fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of Chapter 17.110 SMC.

Sign, Wall. “Wall sign” means a sign that is in any manner affixed to the exterior wall of a building and that projects not more than 16 inches from the building wall, provided the copy area of such signs remains on a parallel plane to the face of the building facade.

“Significant natural area” means land and/or water areas of major environmental value, including fish or wildlife habitat areas, valuable biological or natural productivity areas, and unique or fragile ecological units or ecosystems that require special treatment and protection.

“Significant tree” means an existing, healthy tree which, when measured four and one-half feet above grade, has a minimum diameter of eight inches, as measured according to the International Society of Arboriculture’s “Guide for Plant Appraisal,” most recent edition.

“Single-family dwelling” means a detached building designed for or occupied exclusively by one family.

“Single owner” means a person who or entity which alone has legal or equitable title to any property in question.

“Site development permit” means the permit used to provide a coordinated review of zoning and other development regulations and to ensure that proposed site development complies with the city’s comprehensive plan, zoning regulations, public works standards and other applicable development regulations.

“Site plan” means a graphic and textual presentation of a development proposal in accordance with the appropriate sections of this code.

“Skating rink” means a surface for ice skating or roller skating located indoors or outdoors.

“Skilled nursing facility” means a state and Medicare licensed skilled nursing facility where tenants require the services of a licensed nurse (RN and LPN) or therapist (PT, OT, ST) on a daily basis. Direct care for activities of daily living such as bathing, dressing and grooming are provided by certified nursing assistants. Residents are provided housing, meals, activities, and therapy by an interdisciplinary team consisting of social workers, activity staff, direct care givers and nurses under the supervision of their doctor.

“Slaughterhouse” means an establishment where animals are butchered for market.

“Slum” means a building or area that is unkempt, deteriorating, hazardous, unsanitary, or lacking in standard facilities, including electricity, potable water and sanitary sewerage facilities.

“Small animal husbandry (commercial)” means the raising of mink, fox, nutria, rabbits, pigs, sheep, goats, chickens, turkeys, guinea hens and similar small animals and fowl not for the primary consumption of or use by the occupants of the premises.

“Small animal husbandry (noncommercial)” means the raising of small animals for the primary consumption of or used by the occupants of the premises.

“Small appliance and tool” means an establishment repairing a wide variety of electrical, gas and mechanical appliances and tools.

“Small engines” means an establishment repairing small engines (excluding automobiles).

“Smokescope” means an optical instrument specifically designed for estimating the density of smoke or stack effluent.

“Soil” means the surface layer of the earth, supporting plant life.

“Soil removal” means removal of any kind of soil or earth matter, including top soil, sand, gravel, clay, rock or similar materials or combination thereof, except for the purposes of common household gardening or maintenance.

“Sole source aquifer” means a groundwater resource so designated by the Environmental Protection Agency.

“Solid waste disposal/recycling center” means a facility providing solid waste disposal or sorting and/or processing of recycled material for resale.

“Special use” means a use permitted in one or more districts, but because of special characteristics peculiar to the use of the site requires a special degree of control to make such uses consistent with and compatible to other existing or permitted uses.

“Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community.

“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.

“Species of local importance” means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species.

“Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.

“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.

“Spill” means the unpermitted release or escape of a regulated substance directly or indirectly to soils, surface waters, or groundwaters.

“Sporting goods store” means an establishment selling equipment and clothing for outdoor use and athletic activities.

“Standards (groundwater)” means standards established by EPA regulations and/or state of Washington regulations, which are represented by health-based numbers such as the maximum contaminant levels (MCL).

“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 either 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.

“Stationery store” means an establishment selling greeting cards, wrapping paper, writing paper and supplies, office supplies and miscellaneous gifts.

“Storage” means the safekeeping of any goods or products in an unoccupied space for eventual removal not expected within 72 hours or for continuous replacement by same or similar goods or products.

“Storage, commercial detached accessory” means the safekeeping of any goods or products used for a commercial activity within a detached subordinate structure located on the same lot as the primary structure, the use of which is clearly incidental to that of the main building or to the principal use of the land.

Storage, Outside or Outdoor. See “Outside storage” or “outdoor storage.”

“Story” means that portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A mezzanine shall be deemed a full story when it covers more than 33 percent of the area of the story underneath said mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.

Story, First. See “First story.”

“Stream” means water contained within a channel, either perennial or intermittent, and classified according to WAC 222-16-030 and as listed under water typing system. Streams also include natural watercourses modified by man. Streams do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse.

“Stream typing system” means classification of streams according to WAC 222-16-031 as listed under Chapter 17.125 SMC.

“Street” means a public thoroughfare which provides the principal means of access to abutting properties including an avenue, drive, boulevard, parkway, highway and any similar way, but not including an alley.

“Street line” means the dividing line between any street, road or other thoroughfare and the adjacent lots.

Street, Public. See “Public street.”

“Structural alteration” means any material or dimensional changes in the structural elements of a building such as bearing walls, columns, beams, and roofs.

“Structural trim” means the molding, battens, capping, nailing strips, latticing, and platforms that are attached to a sign structure.

“Structure” means anything constructed or erected that requires permanent location on the ground or attachment to something having location. A building is always a structure; a structure may or may not be a building. (For the purposes of this code, the term “structure” shall not be construed to include any roadway, driveway, at-grade paved parking lots, patio or courtyard, or any other paved surface, or swimming pool.)

“Structure,” for the purpose of Chapter 18.810 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, shall mean a walled and roofed building, including a gas or liquid tank, which is principally above ground, as well as a manufactured home.

“Subdivider” means any person, firm or corporation proposing to make, or have made, a subdivision.

“Subdivision” means the division of land into five or more lots, tract parcels, sites or other divisions of land for the purpose of transfer, sale, or lease and includes all resubdivision of land. The division of land shall be cumulative over any period of time. This definition applies whether or not a dedication is involved.

“Substantial damage” for the purpose of Chapter 18.810 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial expenditure,” with regard to projects that have been approved for development under the terms of this code, shall constitute at least 10 percent of the total, expected cost to complete the project as it was approved. The total expected cost shall be derived from the cost figures used in the application for the building permit for the project, less the cost of the land.

“Substantial improvement” means any repair, reconstruction, or improvement to a structure taking place during last 24-month period, the cost of which equals or exceeds 50 percent of the market value of the structure either:

“Surface water” means waters that flow over the land surface and frequently interact with groundwater.

“Swimming pool” means any in-ground or above-ground structure designed for swimming, wading or other aquatic recreational purposes. (Ord. 1486 § 1 (Exh. A), 2020; Ord. 1449 § 2, 2017; Ord. 1444 § 4, 2017; Ord. 1440 § 2, 2017; Ord. 1418 § 5, 2016; Ord. 1398 § 14, 2015; Ord. 1377 §§ 1 – 3, 2014; Ord. 1373 § 17, 2014; Ord. 1349 § 2, 2013; Ord. 1323 § 2, 2012; Ord. 1308 § 5, 2012; Ord. 1294 § 5, 2011; Ord. 1276 §§ 1, 2, 2010; Ord. 1262 §§ 3, 4, 5, 2010; Ord. 1253 §§ 23, 24, 2009; Ord. 1252 §§ 1, 2, 2009; Ord. 1250 § 6, 2009; Ord. 1164 § 4, 2004; Ord. 1123 § 2, 2002; Ord. 1110 § 3, 2002; Ord. 1094 § 1, 2000; Ord. 929 Ch. 5, 1995).

“Tailor” means an establishment providing repair of clothing and/or custom designed garments made to the client’s measure, especially suits (coat and trousers, jacket and skirt, et cetera).

“Tattoo parlor” means a business designing and creating permanent graphic images on the human body. A tattoo parlor may also include piercing.

“Tavern” means a business conducted entirely within a building where beer and/or wine is served to the public, which holds a class “A” or “B” license from the Washington State Liquor Control Board. Limited food service and live entertainment may be provided as an accessory use. The term “tavern” excludes bars/cocktail lounges, night clubs and restaurants.

“Technical review” means that review meeting conducted by the planning director, public works director, or their designee(s) with the applicant and other personnel, when reports, studies and other information are completed to inform the applicant of mitigative measures or other project issues that need to be addressed prior to approval.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures which have no required permanent attachment to the ground.

“Temporary use” means common land uses that may require a permit such as: carnivals, construction offices and yards, model homes that serve as sales centers in a subdivision, outdoor revival meetings, food trucks, pop-up restaurants or crafts shops, produce stands, Christmas tree stands, fireworks stands, and disaster relief kiosks or offices. City sponsored events or approved special event permits are not considered temporary uses.

“Theater” means a building or part of a building, devoted to showing motion pictures, or for dramatic, musical, or live performances.

“Thrift store” means an establishment that sells secondhand articles and clothes and is often run for charitable purposes.

“Through lot” means an interior lot having frontages on two parallel streets as distinguished from a corner lot, which has frontages on two perpendicular streets (also referred to as a “double-frontage lot”).

“Tobacco shop” means an establishment selling manufactured products of tobacco such as cigars or cigarettes.

“Toe of slope” means the point on a slope above which is not a landslide area and below which is a landslide hazard area.

“Top of slope” means the point on a slope above which is a landslide hazard area and below which is not a landslide hazard area.

“Topography” means, on a map, accurately drawn lines that represent particular and consistent elevation levels on the land area depicted on said drawing; also, the actual physical surface’s relief characteristics.

“Tour bus lot” means a paved parking area provided at hotels, various shopping areas, and tourist attractions for the accommodation of tour buses. Each parking space for a tour bus shall be 12 feet wide and 50 feet long, with appropriate additional space to accommodate all turning and maneuvering needs in a safe and efficient manner. A tour bus lot shall not be construed to include the overnight parking and/or storage for these vehicles, nor shall this definition include the cleaning or maintenance area for tour buses.

“Tower” means any structure whose principal function is to support an antenna, or has been built to store water or to provide air traffic control services, or is used in the recreational activity known as “bungee jumping.”

“Towing” means a service that provides the towing of a disabled vehicle or trailer, and involving its removal from the point where the vehicle or trailer became disabled to another location using whatever standard towing equipment or special towing equipment is available.

“Townhouse or rowhouse” means a dwelling unit designed exclusively for occupancy by one family, no portion of which lies vertically under or over any portion of an adjacent unit, and which is attached to one or more other dwelling units by common walls which may be located on side lot lines.

“Tract” means an area of land. This term is used interchangeably with the term “lot” or “block,” particularly in the context of subdivisions, where one “tract” may be subdivided into several lots or blocks.

“Traditional neighborhood” means a development that incorporates a range of uses, housing options, and transportation options that historically might have developed in a neighborhood before the advent of typical single-use, auto-oriented subdivisions.

“Trail” means a path paved or unpaved used for walking, hiking, running, bicycling and/or horseback riding.

“Trailer” means a separate vehicle, not driven or propelled by its own power, but drawn by some independent power, to include any portable or movable structure or vehicle including trailers designed for living quarters, offices, storage, or for moving or hauling freight, equipment, animals, or merchandise of any kind, including boats, boat trailers, jet skis, half tracks, snowmobiles, and the like.

“Travel agency” means a business that sells travel-related products and services to customers, on behalf of suppliers such as airlines, car rentals, cruise lines, hotels, railways, and sightseeing tours, and package holidays that combine several products.

“Travel trailer” means a vehicle with or without motor power primarily designed as temporary living quarters for recreational, camping, or travel use, and in which the plumbing, heating, and electrical systems contained therein may be operated without connection to outside utilities, being of such size or weight as not to require a special highway movement permit. The term shall include truck campers.

“Treasurer” means the treasurer of Snohomish County, Washington.

“Trip” means a single or one-way vehicle movement.

“Trip end” means the origin or destination of a trip. Each trip has two ends that constitute a two-direction vehicle movement at the origin or destination of the trip.

“Trip generation” means the total number of trip ends produced by a specific land use or activity.

“Truck service and repair” means a service establishment that performs repairs to vehicles with a rated base curb weight in excess of 5,000 pounds. Repairs may include activities such as engine/transmission overhauls, and/or body work, which require more than one working day. This definition excludes outdoor truck sales and outdoor truck repair and/or service work. No body-damaged vehicles or vehicle components shall be exposed to view from a public roadway.

“Twenty-year flood” means the highest level of flooding that, on average, is likely to occur once every 20 years. (Ord. 1499 § 1 (Exh. A), 2021; Ord. 1294 § 5, 2011; Ord. 1267 § 5, 2010; Ord. 1251 § 4, 2009; Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

“Unstable slopes” means those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit, mass movement of earth.

“Usable floor area” means any floor area within the outside wall of a building exclusive of areas in cellars, basements, unfinished attics, garages, open porches, and accessory buildings.

“Usable marijuana” means the definition as set forth in RCW 69.50.101.

“Usable open space” means a common, accessible area that is shared by residents of a subdivision and/or by the public and is not encumbered with any substantial structure; is not devoted to use as a roadway, parking area, or sidewalk; is left in its natural or undisturbed state or is landscaped; is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and is not used as a wet detention pond or water quality facility.

“Use” means the purpose that land or building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.

Use, Principal. See “Principal use.”

Use, Temporary. See “Temporary use.”

“Utilities easements” means rights-of-way that may be used by public utilities, including, but not limited to, electricity, water, natural gas, sewer, stormwater, telephone, and television cable for the construction, operation, maintenance, alteration, and repair of their respective facilities. (Ord. 1376 § 5, 2014; Ord. 1110 § 3, 2002; Ord. 1098 § 1, 2001; Ord. 929 Ch. 5, 1995).

“Variance” means an authorized modification of the regulations of this code when the literal application of the provisions contained herein would cause undue and unnecessary hardships in view of specific facts and conditions applying to a lot or lots.

“Variance” (for the purpose of Chapter 18.810 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards) means a grant of relief by a community from the terms of a floodplain management regulation.

“Vehicle” means any self-propelled conveyance designed for and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, scooters, and recreational vehicles.

“Vehicular use area” means that portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of internal traffic circulation areas, loading and unloading areas, and parking areas.

“Veterinary hospital or clinic” means a building used to provide health care services to animals.

“Video sales and rental” means commercial establishments engaged in the sale and rental of video equipment, tapes and accessories for home entertainment.

“Violation” (for the purpose of Chapter 18.810 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards) means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

“Vulnerability” means the degree to which groundwater may become contaminated, depending on the local hydrogeologic characteristics and amounts of potential contaminants present. (Ord. 1486 § 1 (Exh. A), 2020; Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

“Warehouse operations” means the storage of goods and materials. Warehouse operations may also include office and maintenance areas as accessory functions.

“Water body” means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands.

“Water dependent” (for the purpose of Chapter 18.810 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards) means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

“Water-dependent use” (SMP) means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations.

“Water, drainage or sewage infrastructure” means pipes, installations and other infrastructure that are part of a system used for the purpose of water, drainage or sewage.

“Water-enjoyment use” (SMP) means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for aesthetic enjoyment or recreational use of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public’s ability to enjoy the aesthetic and physical qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment.

“Water-oriented use” (SMP) means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses.

“Water park” means a commercial recreational facility that contains a variety of water-oriented activities such as, but not limited to, water slides and swimming pools. Such facilities may be found in association with a larger recreational activity.

“Water-related use” (SMP) means a use or portion of a use which is not intrinsically dependent on a waterfront location, but whose economic viability is dependent upon a waterfront location because:

“Water surface elevation” means the height, in relation to the vertical datum, utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

“Water table” means the surface between the vadose zone and the groundwater, that is the surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere.

“Water well and pump station” means infrastructure used to move water from a ground water source and convey water within a utility system.

“Watercourse” means a channel, natural or manmade, through which water flows either continuously or intermittently.

“Watershed” means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the state of Washington water resource inventory areas (WRIAs) as defined in Chapter 173-500 WAC.

“Wetland, associated jurisdictional” (SMP) means those wetlands that are in proximity to and either influence or are influenced by tidal waters or a lake or stream subject to the Shoreline Management Act.

“Wetland class” means any of the wetland class designations described in Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al. 1979). Cowardin’s deep water and wetland classes include: rock bottom, unconsolidated bottom, aquatic bed, reef, rocky shore, unconsolidated shore, emergent wetland, scrub-shrub wetland, forested wetland, stream-bed and moss-lichen wetland.

“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 regulated wetland, local government shall use the Washington State Wetland Identification and Delineation Manual.

“Wetlands” or “wetland areas” (SMP) 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 regulated wetland, the currently approved federal manual and regional supplements shall be utilized.

“Wholesale operation” means an establishment that includes large storage and distribution areas for receiving goods (such as produce) and shipping these goods to places such as grocery stores and restaurants or large facilities to provide items for sale to the public at wholesale prices. This definition excludes retail sales or clubs that sell wholesale goods to members as a retail transaction.

“Wholesale (trade)” means the sale of goods or commodities usually in bulk or large quantities and usually at a lower cost to a retailer for resale. Such sales activity takes place in establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

“Wireless communication facility” means an unstaffed facility for the transmission and reception of low-power radio signals usually consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omni-directional, panel/directional or parabolic) and related equipment, generally contained within a compound. They can include antennas, support structures and equipment shelters, whether separately or in combination. For additional definitions, see SMC 17.200.010.

Working Days. The term “working days” is used as the unit of measure by which either the applicant/developer or a city of Stanwood agency must complete a specified action. “Working days” refer to all days of the week, except Saturday, Sunday, and all official city of Stanwood holidays.

“Wrecking” means the dismantling or wrecking of one or more motor vehicles or trailers; and/or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. (Ord. 1486 § 1 (Exh. A), 2020; Ord. 1475 § 1 (Att. A), 2019; Ord. 1373 § 18, 2014; Ord. 1294 §§ 5, 6, 2011; Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

“Yard” means an open unoccupied space extending from the lot lines to the nearest point of a roofed building on the lot, unobstructed from the ground to the sky, except where specifically provided by this code.

Yard, front. See “Front yard.”

Yard, rear. See “Rear yard.”

Yard, side. See “Side yard.” (Ord. 929 Ch. 5, 1995).

“Zero lot line home” means a residential development approach in which a building is sited on one or more lot lines with no yard area along these lot lines. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Zero lot line homes may only be built within the context of a zero lot line development.

“Zone” means an area within which: certain uses of land and buildings are permitted and certain others are prohibited; yards and other open spaces are required; lot areas, building height limits, and other requirements are established.

“Zoning district” means: any portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this code; and within which certain yards and other open spaces are required, certain lot areas are established, and a combination of such aforesaid conditions are applied.

“Zoning lot” means a single tract of land located within a single block which (at the time of filing for a development permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 929 Ch. 5, 1995).

(1) Eaves shall not project over 24 inches into a required yard. Where the side yard is less than five feet, no eaves may project into a required yard.

(2) Movable awnings and decks averaging less than 30 inches from the ground may project into a required yard area, provided they do not cover more than one-half the width of the required yard.

(3) In all zoning districts, fences, walls, and hedges shall be permitted within any required front, rear, or side yard area. However, no fence, wall, hedge, or other landscaping shall conflict with the “sight triangle” requirements contained in the landscape performance standards or architectural design standards in this code.

(4) Sheds, playhouses, gazebos, etc., and other accessory structures less than 200 square feet, may be located within two feet from property lines.

(5) Distance shall be measured at the narrowest space between the structure and property line, and shall not include any roof overhang (eaves) in calculating the building/setback measurement. In no instance shall any roof overhang be allowed to extend beyond a property line.

(6) When a building exceeds two stories in height, the minimum distance from an adjacent side property line shall be increased by five feet for each story above two. (Ord. 1418 § 9, 2016; Ord. 1110 § 3, 2002; Ord. 929 Ch. 6(J), 1995).

(1) In all zoning districts, accessory uses and structures over 120 square feet shall not be located in required front yards, but may be located in required side or rear yards, not less than five feet from the side or rear lot line; provided, however, that accessory structures for the housing of persons, such as a garage apartment, shall not be located in any required yard. Additionally, notwithstanding the minimum front yard setback requirement for single-family detached dwellings, any garage, whether attached or detached, shall have a minimum front yard setback requirement of 20 feet.

(2) In all zoning districts, rooftop air conditioning and ventilating units shall be so screened as to not be visible from the immediate public right-of-way. This requirement shall not apply to single-family detached dwelling units.

(3) When an accessory building is attached to and made a part of the main building for at least 50 percent of the length of one of the abutting walls of such accessory buildings, or when the total length of the abutting walls of the accessory building is equal to 50 percent of the longest wall of the accessory building, then the accessory building shall be considered an integral part of the main building.

(4) An accessory building, unless attached to and made a part of the main building, shall be not closer than five feet to the main building. (Ord. 1264 § 5, 2010; Ord. 1110 § 3, 2002; Ord. 929 Ch. 6(K), 1995).

(1) Unless otherwise specifically provided in this code, nonconforming situations that were otherwise lawful on the effective date of this code may be continued.

(2) When a nonconforming lot can be used in conformity with all of the requirements applicable to the intended use, except that the lot is smaller than the required minimums set forth in the dimensional and density requirements for each zoning district, then the lot may be used as proposed just as if it were conforming.

(3) When the use proposed for a nonconforming lot is one that is conforming in all other respects, but the applicable setback requirements cannot reasonably be complied with, then the planning director may allow variances from the applicable setback requirements if he/she finds that:

(4) SMC 17.25.170 through 17.25.220 apply only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it.

(5) If, on the date this code becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of SMC 17.25.170 through 17.25.220. This requirement shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within 500 feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified herein, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 6(Q)(1-5), 1995).

(1) Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

(2) Subject to subsection (4) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this code, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

(3) A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming.

(4) The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased, and the equipment or processes used at a location where a nonconforming situation exists may be changed, if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other requirements of SMC 17.25.170 through 17.25.220 occur.

(5) Notwithstanding subsection (1) of this section, any structure used for single-family detached residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities

with respect to such matters as setback and parking requirements.

(6) Notwithstanding subsection (1) of this section, whenever: (a) there exists a lot with one or more structures on it, and (b) a change in use that does not involve any enlargement of a structure is proposed for such lot, and (c) the off-street parking or loading requirements of this code that would be applicable as a result of the proposed change cannot be satisfied on such lot because there is not sufficient area available on the lot that can practicably be used for off-street parking or loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation. However, the applicant shall be required to comply with all applicable off-street parking and loading requirements that can be satisfied without acquiring additional land, and shall also be required to obtain satellite off-street parking if: (a) parking requirements cannot be satisfied on the lot with respect to which the permit is required; and (b) such off-street satellite parking is available within 500 feet of the site said satellite parking area is intended to serve, measured from property line to property line. If such off-street satellite parking is not reasonably available at the time the permit is granted, then the permit recipient shall be required to obtain it if and when it does become reasonably available. This requirement shall be a continuing condition of the permit. (Ord. 929 Ch. 6(Q)(6), 1995).

(1) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than 25 percent of the appraised valuation of the structure to be renovated, may be done only in accordance with a permit issued pursuant to this code.

(2) If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed 25 percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a permit issued pursuant to this code. This subsection does not apply to structures used for single-family detached residential purposes, which structures may be reconstructed pursuant to a permit just as they may be enlarged or replaced.

(3) For purposes of subsections (1) and (2) of this section:

(4) The building official shall issue a permit authorized by this section if it finds that, in completing the renovation, repair or replacement work:

(1) A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require an amendment in accordance with Chapter 17.155 SMC may not be made, except in accordance with subsections (2) through (4) of this section.

(2) If the intended change in use is to a principal use that is permissible in the zoning district where the property is located, and all of the other requirements of this code applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this code is achieved, the property may not revert to its nonconforming status.

(3) If the intended change in use is to a principal use that is permissible in the zoning district where the property is located, but all of the requirements of this code applicable to that use cannot reasonably be complied with, then the change is permissible if the planning director approves the change. A permit may be issued if the planning director finds, in addition to any other findings that may be required by this code, that:

(4) If the intended change in use is to another use that is also nonconforming, then the change is permissible if the planning director approves the change. The planning director may issue the permit if he or she finds, in addition to other findings that may be required by this code, that:

(1) If the principal activity on property where a nonconforming use or situation exists is (a) discontinued for a consecutive period of 180 calendar days, or (b) discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use, unless the planning director approves the property to be used for this purpose without correcting the nonconforming situations. A permit may be issued if the planning director finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.

(2) For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 180 calendar days shall not result in a loss of the right to rent that apartment or space thereafter, so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

(3) When a structure or operation made nonconforming by this code is vacant or discontinued at the effective date of this code, the 180 calendar-day period for purposes of this section begins to run on the effective date of this zoning code. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 929 Ch. 6(Q)(9), 1995).

(1) All nonconforming projects on which construction was begun before the effective date of this code, as well as all nonconforming projects that are at least 10 percent completed in terms of the total expected cost of the project (excluding land acquisition) on the effective date of this code may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction.

(2) Except as provided in subsection (1) of this section, all work on any nonconforming project shall cease on the effective date of this code, and all permits previously issued for work on nonconforming projects may begin or may be continued only pursuant to a permit issued in accordance with this section for the type of development proposed. The city council shall order the issuance of such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the code as it existed before the effective date of this code and, thereby, would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these findings may be made, the city council shall be guided by the following, as well as other relevant considerations:

(3) When it appears from the developer’s plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments, or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under subsection (2) of this section. The city council shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a nonconforming project, consider the following in addition to other relevant factors:

(4) The city council shall not consider any application for the permit authorized by subsection (2) of this section that is submitted more than 60 working days after the effective date of this code. The council may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year.

(5) The council shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties in regard to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than 15 working days before the effective date of this code.

(6) The city council shall establish expedited procedures for hearing applications for permits under this section. These applicants shall be heard, whenever possible, before the effective date of this code so that construction work is not needlessly interrupted. (Ord. 929 Ch. 6(Q)(10), 1995).