This title of the Woodinville Municipal Code shall be known as, and may be cited as, the “Woodinville Unified Development Code” and may be cited as the UDC. (Ord. 737 § 2 (Att. A), 2022)

(1) The UDC is a comprehensive set of regulations that governs the physical development of all land and water within the City of Woodinville for the purpose of orderly development within the community. The UDC consolidates the City’s zoning, platting, environmental, construction and other development regulations into a one-book source with the goal of providing consistency between different regulations and making the ability to find information related to development easier.

(2) The primary purpose of this title is:

(a) To encourage land use decision making in accordance with the public interest and applicable laws of the State of Washington;

(b) To protect the general public health, safety, and welfare;

(c) To implement the City of Woodinville Comprehensive Plan’s goals and policies through land use regulations;

(d) To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

(e) To provide for adequate public facilities and services in conjunction with development; and

(f) To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development. (Ord. 737 § 2 (Att. A), 2022)

No building or other structure shall be constructed, improved, altered, enlarged, moved, or maintained, nor shall any use or occupancy of premises within the City be commenced or changed, nor shall any condition of or upon real property be caused or maintained, except in conformity with the conditions prescribed within this title. (Ord. 737 § 2 (Att. A), 2022)

The regulations set forth in this title shall constitute the minimum requirements necessary to promote the public health, safety, morals, and general welfare. (Ord. 737 § 2 (Att. A), 2022)

(1) The requirements of this title shall govern when the UDC imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. In the case of internal conflicts within the UDC, the most restrictive provision shall prevail unless prescribed otherwise by law.

(2) Where there are conflicts, disputes, or disagreements concerning the application of this title, interested parties are encouraged to submit in writing their concerns to be heard by the Director. (Ord. 737 § 2 (Att. A), 2022)

(1) The Director has authority to make and issue orders, rules, procedures, permits, interpretations, decisions, or determinations as necessary in the administration and enforcement of the regulations in this title, except where specified otherwise by law.

(2) The Director has the authority to incorporate drawings as necessary for the purpose of illustrating concepts and regulatory standards contained in this title; provided, that the adopted provisions of the UDC shall control. (Ord. 737 § 2 (Att. A), 2022)

Where uncertainty exists as to the location of any zone boundary, the rules below, listed in priority order, shall apply:

(1) Where boundaries are indicated as the approximate centerline of the street right-of-way, the zone shall be the centerline of the street right-of-way.

(2) Where boundaries are indicated as following approximate property lines, the actual property lines shall be considered the boundaries.

(3) Where boundaries are indicated as following lines of ordinary high water, or government meander lines, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them.

(4) If none of the rules of interpretation described in subsections (1) through (3) of this section apply, then the zone boundary shall be determined by map scaling. (Ord. 737 § 2 (Att. A), 2022)

(1) The Director is authorized to make written interpretations of the UDC whenever necessary for clarification, or to resolve a conflict within these regulations, so as to provide consistent interpretation and application of this title. However, interpretations shall not be made for the purpose of superseding unambiguous regulations.

(2) Code interpretations are a Type 1 decision subject to the review procedures set forth in Chapter 21.80 WMC.

(3) Any person may submit a written request for a code interpretation of this title, or the Director may issue a code interpretation at the Director’s own initiative.

(4) A written request shall include the following:

(a) Specify the regulation for which a code interpretation is requested, including reference to sections of the code subject to the interpretation;

(b) A statement on why an interpretation is necessary;

(c) Any reasons or materials that might support making the interpretation; and

(d) Payment of fees adopted pursuant to the City’s fee resolution.

(5) Code interpretations shall be in writing and made based on the following criteria:

(a) The defined, plain, or common meaning of the words of the regulation;

(b) The general purpose of the regulation as expressed in the provision; and

(c) The logical or likely meaning of the regulation viewed in relation to the Comprehensive Plan, if applicable.

(6) The Director, when interpreting the code, must:

(a) Give every word, phrase, sentence, and part of a regulation, significance, and effect, where possible; and

(b) Interpret the regulation so as to be harmonious with the UDC as a whole.

(7) A written interpretation shall be enforced as if it is part of this title.

(8) A record of all written interpretations shall be maintained by the City and be available for public inspection during regular business hours. (Ord. 737 § 2 (Att. A), 2022)

Nothing in this title shall be construed to excuse compliance with other applicable Federal, State, or local laws or regulations. (Ord. 737 § 2 (Att. A), 2022)

Nothing in this title shall be construed to impose any duty upon the City or any of its officers or employees so as to subject them to liability for damages not otherwise imposed by law to protect individuals from personal injuries or property damage. (Ord. 737 § 2 (Att. A), 2022)

(1) Regardless of any review, approval, inspection or other action of the City or its agents, consultants, or employees, it is the responsibility of developers, applicants, owners, and occupiers of land within the City to ensure that all work, actions, or conditions comply with the requirements of this title and all other applicable laws.

(2) An applicant for a permit or any other approvals from the City is responsible for providing accurate and complete information that complies with the requirements of this title and all applicable laws and regulations. The City is not responsible for the accuracy of information or plans provided by an applicant. (Ord. 737 § 2 (Att. A), 2022)

If any section, subsection, clause or phrase of this title or amendment thereto, or its application to any person or circumstance, is held by a court of competent jurisdiction to be invalid, the remainder or application to other persons or circumstances shall not be affected. (Ord. 737 § 2 (Att. A), 2022)

(1) For the purpose of this title, the terms in this chapter and Chapter 21.11B WMC shall have the meaning indicated in the applicable chapter, except where the context clearly indicates a different meaning.

(2) Where a term prescribed in this chapter conflicts with a definition of the same term adopted under a specific chapter, the definition adopted under the specific chapter shall control when applied to that specific chapter.

(3) Terms not defined herein shall take their meaning from definitions in the Comprehensive Plan, building codes, and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used.

(4) When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. (Ord. 737 § 2 (Att. A), 2022)

“Abandoned” means the knowing relinquishment of right or claim to the subject property or structure on that property.

“Abutting” means to touch along a border or bounding at a point or line.

“Access” means a way or means of approach to provide vehicular or pedestrian physical ingress and egress to a property.

“Access corridor” means a vehicle circulation area, including easements, tracts and driveways in common private ownership, over which access is afforded to more than two lots, or which provides access to more than four attached dwelling units (townhomes) or 30 attached and stacked dwelling units in a multifamily development.

“Accessory” means, except when specifically defined otherwise by this title, a use, activity, structure, or part of a structure, which is subordinate and/or incidental to the permitted primary use, activity, or structure on the subject property.

“Active use” means an establishment authorized by the zone that promotes high foot traffic and engages in any of the following:

(a) Retail sale of goods and services to an individual consumer for their own use including but not limited to soft and durable goods and services, grocery, food and beverage, health, and personal care products, cut flowers and potted plants, and other activities involving retail sales;

(b) Personal care services that provide appearance and body care to individuals such as barber and beauty shops, skin and nail care, tanning, health spas, massage and similar care services;

(c) Pet care services that provide boarding, grooming, training, veterinarian and similar services for pets;

(d) Outpatient healthcare services that provide medicine and dentistry to individuals, excluding hospitals and medical centers and other facilities providing overnight care;

(e) Indoor fitness facilities;

(f) Financial and banking services;

(g) The preservation and exhibition of objects of historical, cultural, creative skills and imagination (art) and/or educational value (e.g., museums and art galleries); and

(h) Professional office space that does not exceed 25 percent of the linear front of the building.

“Adaptive management” means the systematic acquisition and application of reliable information to improve management over time. It often includes treating management decisions as experiments to address critical uncertainties and learn more quickly from experience. It involves setting objectives, monitoring conditions, and adjusting management based on results. Hallmarks of a sound adaptive management program include (a) adequate funding for monitoring and research, (b) a willingness to change course when pre-established triggers are reached, and (c) a commitment to gather data and evaluate conditions at appropriate special extents and time scales. See WAC 365-195-920(2).

“Adjacent” means property located within 300 feet of a property line of a subject property and includes adjoining, unless stated otherwise.

“Adjoining” means touching, abutting, or in the case of property is directly across a street from the subject property. This term does not include property across from any State highway or arterials and collector streets having four lanes of vehicle traffic or more.

“Agrarian structures” means buildings or other structures created to satisfy a well-stated function, usually associated with land-oriented activities, such as farming. The structures exhibit simple geometric forms and were created with available materials and without frills (e.g., primitive barns, early sawmill structures, and historic wood covered bridges).

“Alley” means a narrow public or private thoroughfare which provides only a secondary means of vehicular access to more than one adjoining properties. Alleys are not designed for general traffic circulation and permit access from streets to the back side of buildings. Share driveways are not included in this definition.

“Alteration” means any change, addition or modification in construction, occupancy, or use.

“Alteration, critical area,” except when specified otherwise by this title, means any development or human-induced action which changes and/or impacts the existing conditions of a critical area or buffer. “Alterations” do not include walking, fishing, other types of passive recreation, or other similar activities.

“Alternative support structure” means support structures that incorporate stealth measures as a way to camouflage wireless service facilities including, but not limited to, bell towers; clock towers; church steeples; traffic light and traffic sign structures; trees, and other manmade structures and devices, excluding billboards and signs.

“Anadromous fish” means fish that spawn and rear in fresh water and mature in the marine environment.

“Ancillary” means a use, structure, or activity essential for the proper and/or effective function of another use.

“Animal, farm” means any domestic species of cattle, sheep, pigs, goats, llamas, alpacas, or horses, which are normally and have historically, been kept and raised on farms in the United States and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. This term also includes animals such as, but not limited to, rabbits, mink, and chinchilla, which are raised for commercial or subsistence purposes.

“Animal, small” means any animal other than farm animals or predatory or wild animals, which are kept inside or outside a dwelling unit all or part of the time. Predatory or wild animals shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting, or exhibition. Common examples of small animals include, but are not limited to, dogs, cats, miniature pigs, miniature goats, ferrets, rabbits, guinea pigs, etc.

“Antenna” means a specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas. For purposes of illustration, such antennas include, but are not limited to, the following:

(a) Omni-directional (or “whip”) antennas, designed to transmit and/or receive signals in a 360-degree pattern;

(b) Directional (or “panel”) antennas, designed to transmit and/or receive signals in a directional pattern which is less than 360 degrees, typically an arc of approximately 120 degrees;

(c) Parabolic (or “dish”) antennas, generally bowl-shaped devices that are designed to transmit and/or receive signals in a specific directional pattern; and

(d) Ancillary antennas that are not directly used to provide wireless communication services, such as a global positioning system (“GPS”) antenna.

“Antenna array” means two or more devices used for the transmission or reception of radio frequency signals, microwave or other signals for personal wireless services purposes and may include omnidirectional antennas, directional antennas, parabolic antennas, and ancillary antennas. Two or more antennas situated or mounted upon or attached to a single platform or mounting structure which is affixed or attached to the top of an antenna support structure or midway thereon, or to an alternative antenna support structure, including the roof of a flat-roofed building, are included in the definition of antenna array.

“Antenna support structure” means a structure or device specifically designed, constructed and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a height, altitude, or elevation for the purpose of providing personal wireless services. For purposes of illustration, antenna support structures include, but are not limited to, the following:

(a) A “lattice tower” is a support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three, four, or more sides;

(b) A “monopole tower” is a support structure consisting of a single vertical metal, concrete, or wooden pole, typically round or square, and driven into the ground or attached to a foundation; and

(c) A “guyed tower” is a support structure usually over 100 feet tall, which consists of metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.

“Applicant” means a person who files an application for permits or development approval who is either the property owner or a primary proponent of a project, which can include a contract purchaser, or authorized agent of the property owner.

“Aquatic species” means wildlife species that live in marine or freshwater including fish, shellfish, amphibians, reptiles, crustaceans, and various other invertebrates.

“Arborist, city” means a qualified tree professional appointed by the City manager or designee and assigned such duties in administering the City’s tree regulations as determined by the City Manager or designee. See definition of “qualified tree professional.”

“Art, artwork” means a device, element, or feature whose primary purpose is to express, enhance, or illustrate an aesthetic quality, feeling, physical entity, idea, local condition, historical or mythical happening, or cultural or social value. Examples of artwork include sculpture, bas-relief sculpture, mural, or unique specially crafted lighting, furniture, pavement, landscaping, or architectural treatment that is intended primarily, but not necessarily exclusively, for aesthetic purposes. Signs, upon approval by the Director, may be considered artwork, provided they exhibit an exceptionally high level of craftsmanship, special material, or construction, and include decorative devices or design elements that are not necessary to convey information about the business or product. Signs that are primarily names or logos are not considered art.

“Automated and mechanical parking systems” means a mechanical system designed for the purpose of parking and retrieving vehicles without drivers in the vehicle during parking and without the use of ramping or driveway aisles, and which may include, but is not limited to, a vertical lift and the storage of cars on parking pallets.

“Awning/canopy” means a roof-like cover typically made of fabric or other material stretched on a frame used to keep the sun or rain off a storefront, window, doorway, or deck, which does not require exterior columns or the like to support the ends of the projection. (Ord. 784 § 1, 2025; Ord. 766 § 1, 2024; Ord. 737 § 2 (Att. A), 2022)

“Balcony” means an outdoor space built as an above ground platform projecting from the wall of a building and enclosed by a parapet or railing.

“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a “tower” as defined herein nor any equipment associated with a tower. “Base station” includes, without limitation:

(a) Equipment associated with wireless communications services as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

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

(c) Any structure other than a tower that, at the time the relevant application is filed (with jurisdiction), supports or houses wireless service facilities that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

“Bas-relief” means a sculptural carving, embossing, or casting that project very little from the background.

“Bay window” means a window or a series of windows forming a bay in a room and projecting outward from an exterior wall. A bay window may be directly supported by a foundation, or it may be cantilevered out from an exterior wall. When applied specifically to design standards, the bay must contain a windowpane which extends at least 60 percent of the length and 35 percent of the height of the surface of the exterior bay wall which lies parallel to the exterior wall of the building. There need not be windows in the surfaces which extend out from the exterior wall.

“Beehive” means a structure designed to contain one colony of honeybees (Apis mellifera).

“Berm” means a manmade earthen or other type of mound erected to provide a visual interest, visual screening and/or decrease noise.

“Best available science” means scientifically valid information derived in accordance with WAC 365-195-900 through 365-195-925, or as amended, that is used to develop and implement critical areas policies or regulations.

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

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

(b) Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of streams and wetlands;

(c) Protect trees and vegetation designated to be retained during and following site construction; and

(d) Provide standards for proper use of chemical herbicides within critical areas.

“Billboard” means a sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use or activity of the property on which the billboard is located; excluding off-premises directional or temporary real estate signs.

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

(a) Billboard face I – a billboard face not exceeding a height of 14 feet or a width of 48 feet; and

(b) Billboard face II – a billboard face not exceeding a height of 12 feet or a width of 24 feet.

“Binding site plans” means an alternative method of land division as authorized for divisions prescribed in RCW 58.17.035.

“Biologist” means a person who has earned at least a Bachelor of Science degree in the biological sciences from an accredited college or university or who has equivalent educational training and experience.

“Bioretention” means a stormwater best management practice consisting of a shallow landscaped depression designed to temporarily store and promote infiltration of stormwater runoff. Standards for bioretention design, including soil mix, plants, storage volume and feasibility criteria, are specified in Appendix C of the King County Surface Water Design Manual.

“Blank wall” means:

(a) Any wall or portion of a wall that has a surface area of 400 square feet of vertical surface without a window, door, or building modulation or other architectural feature; or

(b) Any ground level wall surface, or section of a wall over four feet in height at ground level, that is longer than 15 feet as measured horizontally without having a transparent window or door lying wholly or in part within that 15-foot section.

“Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

“Boundary line adjustment” means the adjustment of boundary lines between platted or unplatted lots, or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum dimensional requirements for lots.

“Buffer” means an area within a property either consisting of natural vegetation and/or created by the use of trees, shrubs, fences, and/or berms, with the primary purpose of providing visual, noise or odor insulation from nearby properties or roadways.

“Buffer, critical area” means a designated area contiguous to and protective of a critical area that is required for the continued maintenance, functioning, and/or structural stability of a critical area.

“Buildable lot” means a tract or parcel of land, legally created, which may be used for the placement of buildings and/or structures separate from other parcels.

“Building” means any structure having a roof supported by columns or walls used or intended for supporting or sheltering any use or occupancy.

“Building coverage” means that portion of a lot or building site covered by the horizontal surface of roof areas covering structures.

“Building envelope” means the space defined by the vertical, horizontal, and mixed planes of an existing or proposed structure, including that portion of the structure which is at or under the ground.

“Building facade” means that portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation.

“Building footprint” means portion of a building, measured from the outside of exterior walls or columns, that covers the ground, including cantilevered portions of a building, but excluding the edge of roofs that overhang exterior walls that are intended to prevent rain, snow, and other debris from spilling directly down the side of the building (e.g., roof eave).

“Building Official” means the person designated by the City Manager or designee who is charged with the duties of administrating and enforcing building codes inside the City.

“Building site” means one or more parcel of land or lots under single ownership and control and which otherwise qualified as a building site under regulations of the City, which, at the time of filing for a building permit, is designated by its owners or project proponents as the site to be used, developed, or built upon as a unit.

“Bulk” means the maximum three-dimensional size and placement of buildings and structures on a lot resulting from application of the combination of zoning controls (lot size, floor area ratio, building coverage, open space, height, and setbacks).

“Bush” means a shrub or clump of shrubs.

“Business day” means Monday through Friday, excluding legal holidays prescribed in RCW 1.16.050(1). (Ord. 737 § 2 (Att. A), 2022)

“Calculated level of service” means a quantitative measure of traffic congestion identified by a declining letter scale (A through F) used to describe the operating conditions of a roadway based on factors such as speed, travel time, maneuverability, delay, and safety. The methodology for calculating levels of service is set forth in the most recent version of the Highway Capacity Manual published by the Transportation Research Board of the National Academies.

(a) Level of Service A represents freeflow conditions with unimpeded maneuverability. Stopped delay at signalized intersections is minimal.

(b) Level of Service B represents reasonably unimpeded operations with slightly restricted maneuverability. Stopped delays are not bothersome.

(c) Level of Service C represents stable operations with somewhat more restrictions in making mid-block lane changes than Level of Service B. Motorists will experience appreciable tension while driving.

(d) Level of Service D represents approaching unstable operations where small increases in volume produce substantial increases in delay and decreases in speed.

(e) Level of Service E represents operations with significant intersection approach delays and low average speeds.

(f) Level of Service F represents operations with extremely low speeds caused by intersection congestion, high delay, and adverse signal progression.

“Caliper, tree” is a synonym for trunk diameter used to measure the size of nursery trees. Caliper measurement of the trunk is taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper is measured at 12 inches above the ground.

“Camouflage” means the use of shape, color, and/or texture to cause an object to appear to become a part of something else, usually a structure, such as a building, wall, or roof. Camouflage does not mean “invisible,” but rather “appearing as part or exactly like the structure used as a mount.”

“Campground” means an area of land on which accommodations for temporary occupancy such as tents or recreational vehicles are used primarily for recreational purposes.

“Cannabis” means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this definition, “cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term “cannabis” includes cannabis products and usable cannabis.

“Canopy, tree” means the percentage of the City or individual lots that is shaded by trees.

“Cattery” means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult cat is one of either sex, altered or unaltered, that is at least six months old.

“Cattery, hobby” means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species.

“Change of use” means a change in the utilization or occupancy of a property or building from one use to another.

“Channel, active” means the lower limit of continuous riparian vegetation and may be delineated by absence of both moss on rocks and rooted vegetation. The most upper elevation of an active channel is sometimes equated with the ordinary high-water mark.

“Channel migration zone” means the area within which a river/stream channel is likely to migrate and occupy over a specified time (e.g., 100 years) and includes the active channel.

“City” means the City of Woodinville.

“City Tree Official” means the person designated by the City Manager with responsibility for implementing the City’s tree regulations and Community Urban Forestry Plan.

“Clearing” means cutting, grubbing, or removing vegetation or other organic plant material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of clearing, “cutting” means the severing of the main trunk or stem of woody vegetation at any point.

“Closed-record appeal” means an administrative appeal on the record on a project permit or construction permit application following an open-record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

“Clustered development” means a method of locating residences close to each other on small lots. The purpose of clustering residences is to preserve tracts of open space including critical areas.

“Collocation” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

“Commercial” means the use of land, building or structure relating to the buying and selling of goods and services.

“Compatible” means a building, structure, activity or use that blends with, conforms to, or is harmonious with, the surrounding ecological, physical, visual, or cultural environment.

“Comprehensive Plan” means the adopted Woodinville Comprehensive Plan, including amendments thereto, listing the goals and policies regarding land use, housing, capital facilities, environment, etc., within the City.

“Concealment” means fully hidden from view. For example, a personal wireless service facility is concealed when it is completely hidden or contained within a structure, such as a building, wall, or roof.

“Conditional use” means a use permitted in a particular zone only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified and authorized by law.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to Chapter 64.34 RCW.

“Condominium, conversion” means the same as defined in RCW 64.34.020, including amendments thereto.

“Coniferous trees” means those trees that are called evergreen, have needles or scales for leaves, and bear seeds in protective cones. This includes conifer trees that lose their needles in the fall.

“Confinement area” means any open land area in which livestock are kept where the forage does not meet the definition of a grazing area.

“Consolidation,” when applied to wireless communication, means the relocation to a consolidated transmission structure of the main transmit antennas of two or more FCC broadcast licensees which prior to such relocation utilized transmission structures located within a 1,500-foot radius of the center of the consolidated transmission structure to support their main transmit antennas.

“Contour line” means the interconnection of points having the same height above sea level.

“Courtyard” means an unroofed, landscaped space enclosed on at least three sides by the walls of a building or is adjoining a building and enclosed by walls on the other sides, except one side is open.

“Critical aquifer recharge areas (CARA)” means areas that have a critical recharging effect on aquifers used for potable water as described in WAC 365-190-100. Due to soil infiltration conditions of these CARAs, they contribute significantly to the replenishment of ground water, and often have a high potential for contamination of ground water resources.

“Critical areas” means the following areas and ecosystems including associated buffers: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water (referred to as critical aquifer recharge areas); (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. “Fish and wildlife habitat conservation areas” do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

“Critical facility” means a facility necessary to protect the public health, safety, and welfare and which is defined under the occupancy categories of “essential facilities,” “hazardous facilities,” and “special occupancy structures” in the International Building Code. These facilities include, but are not limited to, schools, hospitals, nursing homes and police stations, fire departments and other emergency response facilities. “Critical facilities” also include nursing homes, public roadway bridges and sites for hazardous substance storage or production, not including the temporary storage of consumer products containing hazardous substances intended for household use or for retail sale on the site.

“Critical root zone” means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every inch of tree diameter-at-breast-height or otherwise determined by a qualified tree professional.

“Crown, tree” means the area of a tree containing leaf- or needle-bearing branches.

“Cumulative impacts” means the combined, incremental effects of human activity on critical area functions and values. Cumulative impacts result when the effects of an action are added to or interact with the effects of other actions in a particular place and within a particular time. (Ord. 784 § 2, 2025; Ord. 782 § 5, 2025; Ord. 737 § 2 (Att. A), 2022)

“Day,” unless specified otherwise, means calendar days.

“Deciduous trees” means perennial trees that lose all of their leaves at one time of the year.

“Deck” means a roofless outdoor space built as an above ground platform projecting from the wall of a building and connected to the ground by structural supports.

“Decorative” means the arrangement of lines, shapes, colors, textures, and sizes that serve to beautify or make more attractive the appearance of an object to the general public. It may include but is not limited to elements, designs, or motifs installed, attached, painted, or applied for the purpose of ornamentation or artistic expression.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to themself 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.

“Density” means the number of dwellings allowed per acreage as stated for each zone. Typically applied in terms of maximum and minimum densities.

“Department” means the City of Woodinville Development Services Department unless specified otherwise.

“Developer” means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed.

“Development” means any human-caused changes to improved or unimproved land including but not limited to buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and the storage of materials or equipment. This includes both temporary and permanent changes.

“Development activity” means any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land.

“Development proposal” means any activities requiring a permit or other approval from the City of Woodinville relative to the use or development of land.

“Development regulations” means the controls placed on development or land use activities including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, even though the decision may be expressed in a resolution or ordinance of the legislative body of the City.

“Diameter-at-breast-height” means tree measurement guideline that is the measure in inches of the trunk diameter of each protected or preserved tree four and one-half feet above the ground line.

“Director” means the person appointed by the City Manager, pursuant to WMC 2.09.030, with the powers and duties to administer this title or parts of this title.

“Disturbance” means a pronounced, temporary change in environmental conditions within an ecosystem. Disturbances often act quickly and can alter ecosystem composition, structure, and function.

“Disturbance regime” means the frequency, magnitude, and duration of disturbance events.

“Division of land” means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempt pursuant to WMC 21.91.020 that alters or affects the shape, size, and legal description of any part of the owner’s land.

“Domestic fowl” means a species of bird of the Galliformes order, kept chiefly for its eggs and flesh including but not limited to chickens, turkeys, ducks, goose, squabs, pheasants, chukars, and guinea fowl.

“Dripline” means the distance from the tree trunk that is equal to the furthest extent of the tree’s crown.

“Drive-through” means an automobile-oriented component of a permitted use that includes both service window(s) and a stacking lane designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles.

“Driveway” means a paved or unpaved access strip of land providing a vehicular connector between streets/alleys and parking areas or garages.

“Dwelling or dwelling unit” means one or more rooms or structures providing complete, independent living facilities for a household, including permanent provisions for living, sleeping, cooking and sanitation. (Ord. 784 § 3, 2025; Ord. 792 § 1, 2025; Ord. 737 § 2 (Att. A), 2022)

“Easement” means a right to use or limit the use of land in specific ways without acquiring fee simple title to land. Terms of easements may vary and shall be set forth by legal documents.

“Eave” means a roof overhang, free of enclosing walls, without supporting columns.

“Ecological (biological) integrity” means the ability of an ecological system to support and maintain a community of organisms that has species composition, diversity, and functional organization comparable to those of natural habitats within a region. An ecological system has integrity when its dominant ecological characteristics (composition, structure, function, and processes) occur within their historical ranges of natural variability.

“Ecosystem(s)” means a spatially explicit unit of the Earth that includes all the organisms, along with all components of the abiotic (chemical and physical) environment. Ecosystems have composition, structure, and functions.

“Ecosystem-based management” means management driven by explicit goals, executed by policies, protocols, and practices, and made adaptable by monitoring and research, based on the best understanding of the ecological interactions and processes necessary to sustain ecosystem composition, structure, and function. It acknowledges that humans are an important ecosystem component and focuses on managing human activities within ecosystems, and often involves balancing ecological, economic, and social objectives within the context of existing laws and policies.

“Ecosystem composition or ecological composition” means all living (biotic) and nonliving parts of an ecosystem.

“Ecosystem function or ecological function” means (a) the process or cause and effect relationship underlying two or more interacting components, e.g., terrestrial plant material as food/substrate for aquatic invertebrates, (b) the sum of processes that sustain the system, or (c) the capacity of natural processes and components to provide goods and services that satisfy human needs, either directly or indirectly; and can be considered a subset of ecological processes; and include the physical, chemical, or biological processes that occur within an ecosystem.

“Ecosystem process or ecological process” means the interactions among components of an ecosystem, biotic (living organisms) and abiotic (chemical and physical) components. Many processes involve transfer, conversion or storage of matter or energy.

“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purposes. “Electric vehicle” includes: (a) a battery electric vehicle; (b) a plug-in hybrid electric vehicle; (c) a neighborhood electric vehicle; and (d) a medium-speed electric vehicle.

“Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

“Eligible facilities request” means any request for modification of an existing tower or base station for a wireless service facility that does not substantially change the physical dimensions of such tower or base station, involving:

(a) Collocation of new transmission equipment;

(b) Removal of transmission equipment; or

(c) Replacement of transmission equipment.

“Eligible support structure” means any “tower” or “base station” as defined under the Woodinville Municipal Code for wireless service facilities; provided, that it is existing at the time the relevant application is filed with the City.

“Endangered species” 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.

“Engineer, City” means the Public Works Director, or a person appointed by the City Manager pursuant to WMC 2.09.030 with the duties and responsibilities of the City Engineer.

“Engineering geologist” means a practicing engineering geologist licensed in the State of Washington.

“Enhancement, critical area” means an action which increases the functions and values of a stream, wetland or other critical area or buffer.

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

(a) Carryalls;

(b) Graders;

(c) Loading and unloading devices;

(d) Cranes;

(e) Drag lines;

(f) Trench diggers;

(g) Tractors;

(h) Augers;

(i) Bulldozers;

(j) Concrete mixers and conveyors;

(k) Major agricultural equipment such as combines, harvesters, and similar devices operated by mechanical power as distinguished from manpower.

“Equipment housing structure” means the structure used to shelter equipment (i.e., electronics, cooling and heating devices, emergency generators, etc.) necessary for processing wireless communication signals including, but not limited to, vaults, cabinets, and similar assemblies.

“Erosion” means the process whereby wind, rain, water, and other natural agents mobilize and transport particles.

“Erosion hazard areas” means areas containing soils identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service Soil Survey Program as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard.

“Event” when applied to signs means an activity that is planned for a special purpose; and/or something that happens at a given place and/or interval of time.

“Evergreen” means a plant species with foliage that persists and remains green year round.

“Exceptional design” means the architectural features of a structure and/or site layout that satisfy all of the following criteria:

(a) Extensive pedestrian network connected to the City’s Non-Motorized Transportation Plan and Transportation Master Plan with lighting, landscaping, and amenities that provides clear pedestrian connections from the street, between buildings, through parking lots and to adjacent sites. See WMC 21.33.250;

(b) Creative and effective vehicular circulation system that minimizes the frequency of conflicts between pedestrians, bicycles, and automobiles;

(c) A unique multi-use central open space with special amenities and activities, accessible, open, and available to the general public;

(d) Increased use of structured parking;

(e) Enhanced off-street pedestrian/bike routes that connect to the existing/planned trail system;

(f) Special accommodation of transit services;

(g) Extensive environmental restoration and/or tree retention;

(h) Environmental LEED® rating certification of all structures;

(i) Include uses that will expand the range of activities in downtown such as cultural or performing arts facility, public assembly areas, and similar uses that will encourage pedestrian activity and/or support for other business or community activities, consistent with WMC 21.33.260, Pedestrian activity and plazas;

(j) Pedestrian-oriented space at a rate of two percent of the project site plus two percent of the building footprint;

(k) When new development fronts on a “pedestrian street” as defined in WMC 21.33.110(2) and on a “corner” as defined in WMC 21.33.180, require pedestrian open space and the building’s primary entrance at the street corner;

(l) Surface and structured parking along street frontages shall be located so that it is not visible from the street except for driveway access where these are necessary consistent with WMC 21.33.300(2)(d); and

(m) Use of gabled, sloped (pitched), or green roofs as described in WMC 21.33.320.

“Exotic animal” means any of the following:

(a) Venomous species of snakes capable of inflicting serious physical harm or death to human beings;

(b) Nonhuman primates and prosimians;

(c) Bears;

(d) Nondomesticated species of felines;

(e) Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids; and

(f) The order Crocodilia, including alligators, crocodiles, caimans, and gavials. (Ord. 784 § 4, 2025; Ord. 766 § 2, 2024; Ord. 737 § 2 (Att. A), 2022)

Facade. See definition of “Building facade.”

“Facilities, public” means and includes streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, stormwater management systems, sewage disposal systems, parks, and recreation facilities and schools directly controlled by a public authority.

“FCC” means the Federal Communications Commission.

“Feasible” means an action, such as a development project, mitigation, or preservation requirement that satisfies all of the following criteria:

(a) Can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests that have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;

(b) Provides a reasonable likelihood of achieving its intended purpose; and

(c) Does not physically preclude achieving the project’s primary intended legal use.

“Fence” means a manmade barrier, railing, or other upright structure, excluding berms, for the purpose of enclosing an area of ground to mark a boundary, control access, or prevent escape. This term includes freestanding walls serving the same purpose as a fence.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the King County Recorder’s Office and containing all elements and requirements set forth in Chapter 58.17 RCW and in this title.

“Fish and wildlife habitat conservation area” means:

(a) Areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness.

(b) “Habitats of local importance” designated as fish and wildlife habitat conservation areas include those areas found to be locally important by counties and cities.

(c) “Fish and wildlife habitat conservation areas” do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.

“Flag” means a piece of cloth, plastic, canvas, or other like material with distinctive color or design that is used as a signal, emblem, or symbol of a nation, state, or public or private institution that is attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.

“Floodway” means those areas that have been established in Federal Emergency Management Agency flood insurance rate maps or floodway maps. (See Chapter 21.53 WMC for maps.)

“Floor” means: (a) the surface of an enclosed area in a building on which one stands; or (b) the lower or supporting surface of an outdoor area designed for occupancy.

“Floor area, gross” means the sum of the gross horizontal areas of the floors of buildings and structures. When measuring the floor area of buildings, gross floor area is measured from the outdoor faces of exterior walls above and below ground and, when applicable, from the centerline of division walls. This includes mezzanines. When measuring the floor area of structures containing outdoor space, gross floor area is measured as the ground area designed for the exclusive use of an occupant.

“Floor area ratio (FAR)” means the relationship between the total amount of usable floor area that a building has, or has been permitted to have, and the total area of the lot on which the building(s) stand. This ratio is determined by dividing the total usable floor area by the lot area.

“Floor area, usable” means the gross floor area of a building less vehicle and bicycle parking and associated circulation areas, balconies, covered and uncovered outdoor open-air floors (e.g., pergola), mechanical rooms, indoor garbage and recycle collection rooms, building stories fully below ground, floor areas having less than five-foot-high ceilings, elevator shafts, and stairwells.

“Flow regime” means the distribution of stream flow through space and time. Flow regimes can be described by their magnitude (e.g., mean annual, hourly maximum), timing, frequency or return periodicity, duration, spatial distribution, and rate of change. The pathways that water takes to reach a stream (e.g., surface runoff) and within a stream exert a strong influence on the flow regime.

“Flush mounted” means attached to the face of the support structure or building such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush mounting distance is given, that distance shall be measured from the outside edge of the support structure or building to the outside edge of the antenna.

“Franchise and corporate architecture (franchise architecture)” means a building design that is trademarked, branded, or easily identified with a particular chain or corporation and is ubiquitous in nature. Some typical issues and negative impacts often associated with national chain or commercial franchise designs include:

(a) Large logos and/or colors used over large expanses of a building;

(b) Branded buildings are difficult to reuse if vacated by the primary business, promoting vacancies and blight; and

(c) Buildings lack architectural elements and design consistent with the local community’s architectural composition, character, vernacular, and historic context.

“Freestanding wall” means a wall structure standing alone or on its own foundation free of support or attachment or affiliation with other structures in close proximity and built to act as a fence or to provide buffering from noise or other undesirable impacts.

“Frequency, radio” means the number of times the current from a given source of nonionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a minimum positive level in one second; measured in cycles per second or Hertz (“Hz”).

“Frequently flooded areas” means lands in the floodplain as identified in Chapter 21.53 WMC subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high ground water. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high ground water forms ponds on the ground surface.

“Functions and values” mean 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; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological, and aesthetic value protection; and recreation. These beneficial roles are not listed in order of priority. (Ord. 784 § 5, 2025; Ord. 792 § 2, 2025; Ord. 766 § 3, 2024; Ord. 737 § 2 (Att. A), 2022)

“Geologically hazardous areas” means those areas which, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the placement of commercial, residential, or industrial development consistent with public health or safety concerns. Geologically hazardous areas shall include erosion hazard, landslide hazard, seismic hazard, and other geologic hazard areas. (See WAC 365-190-120.)

“Geologist” means a person licensed as a geologist in the State of Washington.

“Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer by the State of Washington.

“Grade, existing” means the ground elevation existing on a lot at the time an application for a building or other development permit is filed with the City.

“Grade, finished” means the ground elevation at the conclusion of all grading efforts after any lot development is completed.

“Grading” 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.

“Grading,” when used with Chapter 15.05 WMC, means any excavating, filling, removing of the duff layer, or combination thereof.

“Grazing area” means any open land area used to pasture livestock in which the forage is maintained over 80 percent of the area at all times of the year.

“Greenrows” means a row of trees and other vegetation planted along a property line or other site feature sufficient to create a year-around visual screen at least 35 feet high at maturity. A greenrow may consist of one or more species, with evergreen planting predominating. Greenrows may be formal lines of regularly spaced trees or more naturalistic, asymmetric plantings.

“Groundcover” means living plants designed to grow low to the ground (generally one foot or less) and intended to stabilize soils and protect against erosion.

“Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body.

“Grubbing” means to clear by digging up roots and or stumps. See “Clearing.” (Ord. 784 § 6, 2025; Ord. 737 § 2 (Att. A), 2022)

“Hardscape” means any inorganic decorative landscape materials, including but not limited to stones, boulders, cobbles, pavers, and/or decorative concrete incorporated into an overall landscape design of the grounds. This definition includes, but is not limited to, patios, walkways, steps, and other paved areas on the ground.

“Hard surface” means any impervious surface or permeable pavement.

“Hazard tree” means a tree designated by a qualified tree professional as having a high to extreme risk using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) system. A hazard tree must have a likely or very likely potential to fail and a target with a moderate-high frequency of persons or property that might sustain injury or damage. Hazard trees are created through a variety of circumstances including human influences, disease, and weather.

“Hearing Examiner” means the person appointed pursuant to WMC 2.27.020 with the powers and duties prescribed in Chapter 2.27 WMC.

“Height” means the vertical distance measured from the designated grade elevation to the highest point of a structure or as otherwise allowed, excluding elements specifically exempt from height calculations.

Height, Wireless Service Facilities. For personal wireless service facilities, “height” means the vertical distance measured from existing unaltered ground level to the highest point on the communication facility, including the antenna or antenna array.

“Heritage tree” means a tree or stand of trees that is particularly desirable because it has valued, unique characteristics that set it apart from other similar trees. Valued, unique characteristics include uncommon genus, species, form, size, location, historic significance, or other desirable feature(s).

“Holiday/seasonal decorations” means signs or displays including lighting which are a nonpermanent installation celebrating national, state, and local holidays, religious or cultural holidays, or other holiday seasons.

“Household” means one or more people living together sharing household responsibilities and activities, such as sharing expenses, chores, eating together, etc., and having close social, economic and psychological commitments to each other.

(a) A household may include other people such as lodgers, provided the total number of other people in the housing unit does not exceed four, excluding children with familial status within the meaning of 42 U.S.C. § 3602(k). The limitation on four does not apply to adult family homes, family day-care providers’ home facilities as prescribed by RCW 35A.63.215, and other living arrangements where the limitation would violate 42 U.S.C. Section 3604.

(b) “Household” does not include larger institutional group living situations such as dormitories, fraternities, sororities, and similar groups where the common living arrangement or basis for the establishment of the household unit is temporary.

“House-mover” means any person, firm or corporation engaged in the business of moving houses, buildings, structures, or other like objects.

“Human scale” means the perceived size of a building relative to a human being. A building is considered to have “good human scale” if there is an expression of human activity or use that indicates the building size. For example, steps, windows, doorways, canopies are sized to feel comfortable (not oversized to induce a feeling of being small, or undersized to induce a feeling of being large in relation to the built form). (Ord. 792 § 3, 2025; Ord. 766 § 4, 2024; Ord. 737 § 2 (Att. A), 2022)

“Impervious surface” means any surface area which either prevents or retards the entry of water into the soil mantle as it would otherwise enter under natural conditions preexisting to development, or any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow than it would otherwise under natural conditions preexisting to development. Examples include impenetrable materials such as but not limited to rooftops, asphalt paving, concrete, brick, stone, wood, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces that similarly impede the natural infiltration of stormwater.

“Improved right-of-way” means right-of-way having road improvements that are open for general vehicular use.

“Incidental” means ancillary to something that is more important such as a primary use.

“Instream” means within flowing freshwater; also, the area waterward of the ordinary high-water mark. (Ord. 784 § 7, 2025; Ord. 737 § 2 (Att. A), 2022)

“Joint-use” or “shared” means structures that are constructed for private use by more than one property owner.

“Joint aquatic resources permit application (JARPA)” means an application form for applying for hydraulic project approvals, water quality certifications, and U.S. Army Corps of Engineers Section 404 and Section 10 permits. (Ord. 737 § 2 (Att. A), 2022)

“Kennel” means a place where adult dogs are temporarily boarded for compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months. (Ord. 737 § 2 (Att. A), 2022)

“Land disturbing activities” means any activities that result 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, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Land disturbing activity does not include tilling conducted as part of agricultural practices, landscape maintenance, or gardening. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures.

“Land use decision” means a final determination by the decision authority with the highest level of authority to make the determination.

“Landscape” means living plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures.

“Landscape coverage” means the area of a lot or building site that is covered by landscaping that at a minimum satisfies City of Woodinville requirements. This can include required landscaping, native growth protection areas, and optional areas of landscaping. “Landscape coverage” does not include any pervious pavement.

“Landscaping” means the planting, removal, and maintenance of living vegetation along with the movement and displacement of earth, topsoil, rock, bark, and similar substances done in conjunction with the planting, removal, and maintenance of vegetation.

(a) Landscaping located along the site boundaries meeting minimum landscaping width requirements is referred to as perimeter landscaping; and

(b) Landscaping located elsewhere on the site is referred to as interior landscaping.

“Landslide” means episodic downslope movement of a mass including, but not limited to, soil, rock, or snow.

“Landslide hazard areas” means areas that are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrological factors. These areas are typically susceptible to landslides because of a combination of factors including bedrock, soil, slope (gradient), slope aspect, geologic structure, hydrology, or other factors.

“Leadership in Energy and Environmental Design” or “LEED®” means a series of rating systems based on points developed by the U.S. Green Building Council with the aim of increasing the environmental and health performance of buildings, sites, and structures of neighborhoods. LEED® covers the design, construction, and operation of all types of buildings. Certification levels are “Certified,” “Silver,” “Gold,” and “Platinum.”

“Level of service (LOS)” means a measure of traffic congestion along a roadway or at an intersection identified by a letter scale from A to F as calculated by a methodology endorsed by the Institute of Transportation Engineers.

“Limit of disturbance, tree” means the boundary between the area of minimum protection around a tree and the allowable site disturbance as determined by a qualified tree professional and approved by the City.

“Live/work units” means any place where:

(a) Workers perform their primary occupations, including where businesses and artists create original and creative works such as books, writings or compositions for sale, paintings, sculptures, traditional and fine crafts, creation or acting of films, creation, or performance of dances;

(b) Those workers and artists and their immediate families live in the same unit as where they work; and

(c) Residential space is clearly secondary to workspace and consists of no more than 50 percent of the total residential/workspace.

For purposes of FAR, the floor area dedicated to work shall qualify as commercial and the floor area dedicated to living space shall qualify as residential.

“Loading space” means a space for the temporary parking of a vehicle while loading or unloading cargo or passengers.

“Logo” means a design or symbol that represents a product, identity, or service.

“Lot” means (a) a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width, area, and street frontage; and (b) land having fixed boundaries used as a “building site.” The term shall include tracts or parcels.

“Lot area” means all areas within the boundaries of a lot, excluding submerged lands such as Lake Leota.

“Lot area, net” means the lot area excluding the area of any access easement or public right-of-way dedication for streets including pedestrian facilities associated with the streets, and any areas unbuildable due to the presence of “critical areas” as defined in Chapter 21.51 WMC.

“Lot, corner” means a lot situated at the intersection of, and abutting upon, the intersection of two or more streets, including road rights-of-way, road tracts and road easements, or upon two parts of the same street, provided the interior angle of intersection is not more than 135 degrees. In the case of a curved corner, the tangents at the street extremities of the side lot lines shall be used for forming the angle.

“Lot, flag” means a lot which has very narrow frontage along a street where the main body of the lot connects to a street through an access corridor.

“Lot, through” means a lot bounded on two opposite sides by streets; provided, however, that if any lot qualifies as being both a corner lot and a through lot, such lot shall be deemed to be a corner lot for purposes of the zoning code.

“Lot width” means the horizontal distance between interior property lines measured as follows:

(a) Scaling a circle having a diameter of the applicable lot width length;

(b) The circle shall be located within the boundaries of the lot, abutting at least two opposite interior property lines, and centered on the most likely location for a building containing the primary use; and

(c) The circle shall not be located within any access easements or native growth protection area easements required in Chapter 21.51 WMC.

“Lot width, street” means the horizontal distance between interior property lines along a line:

(a) Parallel to the street property line; or

(b) If the street property line is a curve, horizontal distance is measured along a line that is parallel to a tangent line of the curve, where the parallel line is the shortest distance between two interior property lines that intersect the street.

In the case of a corner lot, the street property line that does not have the primary vehicle access to the lot may substitute for an interior property line.

“Low impact development (LID)” means a set of techniques that mimic natural watershed hydrology by slowing, evaporating/transpiring, and filtering water that allows water to soak into the ground closer to its source.

“Low impact development best management practices” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration. “LID best management practices” include, but are not limited to, bioretention, permeable pavements, roof downspout controls, dispersion, soil quality and depth, and minimal excavation foundations. Further information can be found in the King County Stormwater Manual adopted under Chapter 13.05 WMC.

“Lumen” means a measure of light energy generated by a light source. One footcandle is one lumen per square foot. For purposes of this definition, the lumen output shall be the initial lumen output of a lamp, as rated by the manufacturer.

“Luminance” means the light that is emitted by or reflected from a surface. Measured in units of luminous intensity (candelas) per unit area (square meters in SI measurement units or square feet in English measurement units). Expressed in SI units as cd/m, and in English units as foot lamberts. Sometimes also expressed as “nits,” a colloquial reference to SI units. Can be measured by means of a luminance meter. (Ord. 784 § 8, 2025; Ord. 737 § 2 (Att. A), 2022)

“Major exterior remodel” means any interior and exterior alteration to any existing building, structure or site that changes the exterior appearance and satisfies either of the following criteria:

(a) Estimated valuation of the alteration exceeds 50 percent of the valuation of the existing built facilities using the methods for valuation set forth in WMC 21.62.060; or

(b) The alteration includes construction of a new building addition exceeding 400 square feet of gross floor area.

“Manufactured home” means a mostly prefabricated housing that is largely assembled in factories and built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.). Manufactured homes may be single- or multi-section and are transported to the site and installed. The term “manufactured home” does not include a recreational vehicle.

“Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include:

(a) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination; or

(b) “Hemp” or “industrial hemp” as defined in RCW 15.140.020; seeds used for licensed hemp production under Chapter 15.140 RCW.

“Mechanical equipment” means equipment, devices, and accessories, the use of which relates to water supply, drainage, heating, ventilating, air conditioning, manufacturing processes, and similar machinery supported purposes. This term does not apply to machinery whose purpose is to disperse goods and services directly to the public.

“Medium-speed electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the Federal regulations set forth in 49 CFR 571.500.

“Microwave” means electromagnetic waves with a frequency of 890 megahertz (MHz) or greater.

“Middle housing” means buildings that are compatible in scale, form, and design with one-unit dwellings but contain two or more attached, stacked, or clustered homes.

“Miniature golf” means a novelty golf game played with a putter on a miniature course usually having tunnels, bridges, sharp corners, and a variety of obstacles.

“Minor exterior remodel” means any interior and exterior alteration to any existing building, structure, or site having an estimated valuation of less than 50 percent using the methods for valuation set forth in WMC 21.62.060. Painting only is considered a minor exterior remodel.

“Mitigation” means to reduce the severity of an action or situation.

“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), and acceptable under applicable State codes in effect at the time of construction or introduction of the home into this State.

“Mobile vendor” means an itinerant business or person who engages in selling goods, services, or food from a temporary structure, vehicle, or other conveyance.

“Modulation” means, when applied to design standards, a stepping back or projecting forward of portions of a building facade within specified intervals of building width and depth as a means of breaking up the apparent bulk of a structure’s continuous exterior walls.

“Monitoring” means evaluating the impacts of development proposals on natural or manmade systems and assessing the performance of required mitigation through the collection and analysis of data for the purpose of understanding and documenting changes in the natural or manmade systems, functions and features including, but not limited to, gathering baseline data.

“Monopole” means a single upright pole, engineered to be self-supporting, that does not require lateral cross supports and is sunk into the ground and/or attached to a foundation.

“Morphology” (stream channel, aka fluvial geomorphology) means a stream channel’s shape and how it changes over time. Channel morphology is influenced by the abundance and variation in sediment sources, the ability of water to transport sediment downstream, and interactions of sediment within riparian vegetation and woody debris.

“Mount” means any mounting device or bracket which is used to attach an antenna or antenna array to an antenna support structure or alternative antenna support structure.

“Mural” means a large picture/image (including but not limited to painted art) which is applied to and made integral with a wall, which may contain text, images, and/or symbols of a commercial or noncommercial nature. (Ord. 784 § 9, 2025; Ord. 792 § 4, 2025; Ord. 766 § 5, 2024; Ord. 737 § 2 (Att. A), 2022)

“Native growth protection area (NGPA)” means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants and animal habitat.

“Native vegetation,” “native plants” means plant species native to the Puget Sound lowlands, excluding noxious weeds. Cultivars, plant varieties that have been produced in cultivation by selective breeding, with genetics predominantly composed of native species, are acceptable to meet the “native vegetation” definition.

“Naturalized species” means nonnative species of vegetation that are adaptable to the climatic conditions of the coastal region of the Pacific Northwest.

“Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to Federal regulations under 49 CFR 571.500.

“Nonconforming site” means a lot which does not conform to development regulations pertaining to the development of a site, including but not limited to landscaping, design standards applicable to the site, parking and loading, public access, vegetation management, and lighting.

“Nonconforming structure” means an existing structure which was lawful at the time it was built and was continuously maintained consistent with WMC 21.73.080, but subsequently fails by reason of adoption, revision, or amendment to a development regulation to fully comply with present dimensional and design regulations such as, but not limited to, critical areas and buffers, height, setbacks, design standards, or density. This term applies whether or not the nonconformance was permitted by variance.

“Nonconforming use” means any existing use, occupancy, or activity which was lawful at the time it was established and was continuously maintained consistent with WMC 21.73.080, but subsequently fails by reason of adoption, revision, or amendment to the Zoning Code to fully comply with the use regulations of the Zoning Code. A change in the required permit review process is not a cause for nonconformance. A nonconforming use may or may not involve buildings or structures and may involve part or all of a building or property.

“Northwest woodland character” means the character of early development of the Northwest that balanced the use of local materials (such as timber, high quality aggregates, and/or recycled or manufactured materials made to resemble natural materials) to construct buildings with the natural environment, including native trees and other vegetation. Examples and illustrations of buildings and developments having Northwest woodland character are included in WMC 21.33.380.

“Noxious weed” means any plant which is highly destructive, competitive, or difficult to control by cultural or chemical practices, limited to those plants on the State Noxious Weed List contained in Chapter 16-750 WAC.

“Nuisance tree” means a tree that causes physical damage to private or public structures, has been damaged by past maintenance practices that cannot be corrected, is chronically diseased or infested, overplanted or overcrowded, or is part of a dense grove creating safety concerns or excessively obstructing sunlight. (Ord. 737 § 2 (Att. A), 2022)

“Occupancy” means the purpose for which a building or site is used or intended to be used. The term also includes the building or room housing such use.

“Off-site” means an activity or use that is related to a specific primary use but is not located on the same site as the primary use.

“On-site” means an activity or use that is related to a specific primary use and is located on the same site as the primary use.

“Open-record appeal hearing” means an open-record hearing held on an appeal when no predecision hearing has been held on the project permit or construction permit application.

“Open-record hearing” means a hearing that creates the City’s record through testimony and submission of evidence and information, under procedures prescribed by the City by ordinance or resolution. An open-record hearing held prior to the City’s decision on a project permit application is known as a “predecision hearing.”

“Open space, natural” means land preserved in its undisturbed and natural state. Usually intended to be comprised of heavily treed steep slopes, wetlands, waterway corridors, or other critical areas but may include other areas where nature predominates, and the space is substantially free of structures, impervious surface, and other land altering activities of the built environment.

“Open space” means land areas that are not occupied by buildings, structures, parking areas, streets, or alleys and are mostly unobstructed to the sky directly above by manmade objects. “Open spaces” can include natural open space areas, landscaping, preservation of natural features, patios and similar surface structures, and recreational areas and facilities, excluding sports facilities.

“Open-work fence” means a fence in which the solid portions are evenly distributed and constitute no more than 50 percent of the total surface area.

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

“Owner” means one who has legal title to ownership, or an authorized agent of the owner who has written authorization to act on behalf of the owner, or a purchaser under a contract for the sale of real property. (Ord. 782 § 6, 2025; Ord. 737 § 2 (Att. A), 2022)

Parcel. See definition of “Lot.”

“Parent lot” means the initial lot which establishes the exterior boundary from which unit lots may be created by a unit lot subdivision process.

“Parking lot aisle” means that portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited.

“Parking lot unit depth” means the linear distance within which one parking aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle.

“Parking space” means an area accessible to vehicles, improved, maintained, and used for the sole purpose of parking a motor vehicle.

“Parking space angle” means the angle measured from a reference line, generally the property line or center line of an aisle, at which motor vehicles are to be parked.

“Parking, structured” means underground or aboveground parking that is contained within a building that may also contain other levels of parking, and/or residential, and/or commercial uses.

“Parking, surface” means an open area, other than a street, used for parking of motorized vehicles.

“Party of record” means:

(a) The applicant and any appellant;

(b) The property owner, if different than the applicant;

(c) The City;

(d) Any person or public agency who individually submitted written comments to the City prior to the closing of the comment period provided in a legal notice;

(e) Any person or public agency who individually submitted written comments for or testified at a predecision hearing;

(f) Any person or public agency who submitted to the City a written request to specifically receive the notice of decision or to be included as a party of record prior to the closing of an open-record predecision hearing;

(g) A party of record does not include a person who has only signed a petition.

“Patio” means a hard surfaced area of the ground beyond a building designed, established, and/or installed to provide for outdoor living, cooking and recreation, some sides of which are open, and which may or may not have a permanent overhead covering.

“Peak hour” means the hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection.

“Pedestrian-oriented building facades” means ground-floor facades which employ at least one of the following characteristics:

(a) Transparent window areas or window displays along at least 75 percent of the ground-floor facade in the area between two feet and eight feet above the sidewalk or walkway surface; or

(b) A combination of sculptural, mosaic, or bas-relief artwork, and transparent window areas or window displays covering at least 75 percent of the ground-floor story facade.

“Pedestrian-oriented space” means an area between a building and a street, access road, or a pedestrian path, which promotes visual and pedestrian access onto the site, and which provides pedestrian-oriented amenities and landscaping to enhance the public’s use of the space for passive activities such as resting, reading, picnicking, etc.

(a) A pedestrian-oriented space must include the following:

(i) Visual and pedestrian access (including ADA access) into the site from a street, private access road, or nonvehicular courtyard;

(ii) Paved walking surfaces of either concrete, stone, or other approved unit paving;

(iii) On-site or building-mounted lighting providing at least four foot-candles (average) over the pedestrian-oriented space;

(iv) Be located in areas with significant pedestrian traffic to provide interest and security, such as adjacent to a building entry;

(v) Landscaping components that add visual interest and do not act as a visual barrier and can include planting beds, potted plants, or both; and

(vi) At least two feet of seating area (a bench or ledge at least 16 inches deep and appropriate seating height), or one individual seat, per 60 gross square feet of pedestrian-oriented space.

A pedestrian-oriented space must also have:

(vii) Additional, pedestrian amenities, including two or more elements such as a water feature, site furniture beyond the minimum seating, artwork, drinking fountains, kiosks, clock tower, etc.;

(viii) Adjoining buildings must have pedestrian-oriented building facades;

(ix) Consideration of the sun angle at noon and the wind pattern in the design of the space; and

(x) Transitional zones along building edges to allow for outdoor seating areas and a planted buffer.

(b) A pedestrian-oriented space shall not have:

(i) Asphalt or gravel pavement;

(ii) Adjacent nonbuffered parking lots or service areas;

(iii) Adjacent chain-link fences;

(iv) Adjacent blank walls without blank wall treatment; and

(v) Outdoor storage or retail sales that do not contribute to the pedestrian-oriented environment.

“Pedestrian-oriented street” means the following streets:

(a) NE 175th Street, 133rd Avenue NE, 135th Avenue NE, 138th Avenue NE, and 140th Avenue NE within the Central Business District zone.

(b) State Route 202 located in or adjoining the Tourist Business and Tourist Industrial zones.

(c) An undefined north/south corridor connecting NE 171st Street and Woodinville-Snohomish Road in the vicinity of 135th Avenue NE.

“Pedestrian-oriented use (or business)” means a commercial enterprise whose customers commonly arrive by foot; or whose signage, advertising, window display, and entryways are oriented toward pedestrian traffic. “Pedestrian-oriented businesses” may include restaurants, retail shops, personal service businesses, travel services, banks (except drive-through windows), and similar establishments.

“Pennant” means a triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.

“Permeable pavement” means a low impact development best management practice consisting of paving material which is designed to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir.

“Permit,” unless the context clearly provides a different meaning, means an official document or certificate issued by the City that authorizes a specific type of development or activity to take place on a site consistent with all applicable ordinances, resolutions, regulations, and policies.

“Permit, application” means an application for a development action requiring review by the City including, but not limited to, construction permits and project permits.

“Permit, construction” means any building, plumbing, electrical, mechanical, demolition, site development, right-of-way, tree removal, public tree exception, or sign permit which authorizes the direct commencement of construction or construction-related activities consistent with the terms of the permit. For the purposes of Chapter 21.80 WMC, this definition shall include transportation infrastructure deviations.

“Permit, project” means any land use or environmental permit or license required by the City for a project action, including but not limited to subdivisions, binding site plans, residential cluster developments, conditional uses, shoreline permits, site plan review, design review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment. Project permits exclude construction permits, development agreements, and legislative actions involving the adoption or amendment of a comprehensive plan, subarea plan, or development regulations.

“Person” means, as used in this title, any individual, partnership, association, corporation, unit of government or any other legal entity.

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

“Plat certificate” means a title report or subdivision guarantee that is prepared by a title company for the property contained in a proposed short subdivision, subdivision, or binding site plan, to include, as a minimum, all owners of record, easements and encumbrances affecting said property.

“Plat, final” means the final drawing of the subdivision and dedication prepared for filing for record with the King County Auditor and containing all elements and requirements set forth in this title.

“Plat, preliminary” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of the WMC. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

“Point of purchase displays” are seasonal or temporary marketing displays used to attract store visitors to specific merchandise and may include limited duration signs, excluding portable signs, that promote a particular product and may showcase special deals, offers, and other sales promotion strategies. Point of purchase displays do not advertise wider events.

“Potable water” means water that is satisfactory for drinking, culinary, and domestic purposes, meeting current drinking water standards.

“Premises” means:

(a) An area of land with its component parts such as buildings; and/or

(b) A building or part of a building usually with its appurtenances.

“Preschool” means an educational facility that focuses on pre-kindergarten early childhood education for children 36 months and older. (Also, see “educational facilities” definition in WMC 21.11B.060.)

“Primary association” means use of a habitat area by a species for breeding, nesting, rearing young, roosting, feeding, or foraging on a regular basis.

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

“Private” means solely or primarily for the use of residents or occupants of the premises; e.g., a noncommercial garage used solely by residents, or their guests is a private garage.

“Private stormwater management facility” means a surface water control structure installed by a project proponent to retain, detain, or otherwise limit runoff from an individual or group of developed sites specifically served by such structure.

“Property line” means the legal boundary of a parcel of land.

“Property line, interior” means property lines that are not abutting a street right-of-way or easement associated with a street.

“Property line, street” means the property line abutting a street right-of-way or easement associated with a street.

“Public agency” means any agency, political subdivision, or unit of local government of this State including, but not limited to, municipal corporations, special purpose districts and local service districts, any agency of the State of Washington, the United States, or any state thereof or any Indian tribe recognized as such by the Federal government.

“Public facilities” means streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

“Public services” means fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

“Public Works Director” means the person appointed by the City Manager, pursuant to WMC 2.09.030, with the powers and duties to administer the Public Works Department and the duties and responsibilities assigned thereto. (Ord. 789 § 1, 2025; Ord. 782 § 7, 2025; Ord. 769 § 1, 2024; Ord. 766 § 6, 2024; Ord. 737 § 2 (Att. A), 2022)

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise and/or certification appropriate for the relevant subject. A qualified professional must have obtained a degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field and, unless otherwise specified in this title, must have at least two years of related work experience.

(a) A qualified professional for streams and fish and wildlife habitat conservation areas or wetlands must have a degree in biology or related field and relevant professional experience.

(b) A qualified professional for a geologic hazard must be a professional engineer or geologist licensed in the State of Washington.

“Qualified tree professional” means an individual with relevant education and training in arboriculture or urban forestry. The individual must be an arborist certified by the International Society of Arboriculture or a registered consulting arborist from the American Society of Consulting Arborists. A qualified tree professional must be certified at tree risk assessments and prescribe appropriate measures necessary for the preservation of trees during land development. For Forest Management Plans, the qualified tree professional must have the ability to assess wooded sites and prescribe measures for forest health and safety. A qualified tree professional that makes determinations on hazard or nuisance trees is required to have certification as a tree risk assessor. (Ord. 737 § 2 (Att. A), 2022)

“Rain garden” means a planted depression that allows rainwater runoff from impervious urban areas like roofs, driveways, walkways, and compacted lawn areas the opportunity to be absorbed.

“Rapid charging stations” means an industrial grade outlet that allows for faster charging of electrical vehicle batteries through higher power levels and that meets or exceeds any standard, codes, or regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

“Reconstruction” means to undertake construction within and/or on an existing structure which has a valid construction permit with fair-market construction costs greater than 50 percent of the replacement cost of the existing structure being enlarged, extended, repaired, remodeled, or structurally altered. All project phases necessary to result in a habitable building must be included. The calculation for fair market construction costs shall include all costs of construction associated with the structure for a period beginning on the date of permit issuance and ending 24 months after the date the permit is finalized and occupancy granted by the City.

“Recreational vehicle” means a vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle, including but not limited to:

(a) Travel trailer;

(b) Folding camping trailer;

(c) Park trailer;

(d) Truck camper;

(e) Motor home; and

(f) Multi-use vehicle.

“Regional utility corridor” means a right-of-way tract or easement which contains transmission lines or pipelines for utility companies, excluding distribution lines contained within street rights-of-way or lines serving individual lots or developments.

“Residential use” means development in which people sleep and prepare food, other than developments used for transient occupancy.

“Restoration, critical area” when used with Chapter 21.51 WMC means measures taken to restore an altered or damaged critical area including:

(a) Active steps taken to restore damaged wetlands, streams, protected habitats, or their associated buffers to the functioning condition that existed prior to an unauthorized alteration; and

(b) Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.

“Retaining wall” means a wall not laterally supported on top, designed to resist the lateral displacement of soil and other imposed loads.

“Retention/detention facility” means a type of drainage facility designed either to hold water for a considerable length of time and then to release it by evaporation, plant transpiration and/or infiltration into the ground, or to hold run-off for a short period of time and then to release it to the surface and stormwater management system.

“Right-of-way” means a public or private area that allows for the passage of people and/or goods. “Rights-of-way” include passageways such as freeways, streets, bike paths, alleys, and walkways. A “public right-of-way” is a right-of-way that is dedicated or deeded to the public for public use and under the control of a public agency.

“Riparian” means alongside a water body: stream, river, lake, pond, bay, sea, and ocean. Riparian areas are sometimes referred to by different names: riparian ecosystems, riparian habitats, riparian corridors, or riparian zones. Depending on the context, these different names may have somewhat different meanings.

“Riparian areas” means the area encompassing both sides of a water body, composed of aquatic ecosystems (i.e., river and streams), riparian ecosystem, and riverine wetlands. Riparian areas are three-dimensional: longitudinal up and down streams, lateral to the width of the riparian ecosystem, and vertical from below the water table to above the canopy of mature site-potential trees.

“Riparian buffer” means a buffer whose purpose is to reduce or prevent adverse impacts to water quality, fisheries, and aquatic biodiversity from human activities occurring upslope of the buffer. Riparian buffers managed specifically for pollutant removal may also be called a vegetated filter strip.

“Riparian ecosystem” means riparian areas that are transitional between terrestrial and aquatic ecosystems and distinguished by gradients in biophysical conditions, ecological processes, and biota. They are areas through which surface and subsurface hydrology connect water bodies with their adjacent uplands. They include those portions of the ecosystem distinguished by gradient (i.e., riparian zone) and portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems (i.e., the zone of influence). This definition does not include adjacent waters (i.e., rivers or streams, but does include riverine wetlands) and recognizes the riparian zone as a distinct area within riparian ecosystems.

“Riparian management zone (RMZ)” means a delineable area, often synonymous with riparian buffer, that has the potential to provide full riparian functions.

“Riparian zone” means a distinct area within riparian ecosystems that contains wet or moist soils and plants adapted to growing conditions associated with periodically saturated soils (see “Riparian ecosystem”).

“Riparian zone of influence” means the portions of terrestrial ecosystems that significantly influence exchanges of energy (e.g., sunlight) and matter (e.g., large wood, sediment, nutrients) with aquatic ecosystems.

“Rockery” or “rock wall” means a soil stabilizing structure composed of near vertical stacked rock that is not attached together by any bonding agent and designed to protect the soil face from erosion and sloughing. A “rockery” or “rock wall” is not designed to resist soil loads.

“Roof” means an external upper structure that covers or forms the top of a building and is supported by columns or walls.

“Roof silhouette” means the outline of a roof as viewed as circumscribing a mass. (Ord. 784 § 10, 2025; Ord. 766 § 7, 2024; Ord. 737 § 2 (Att. A), 2022)

“Salmonid” means a species of fish of the Salmonidae family, including salmon, trout, char, whitefishes, and graylings. The species of the Salmonidae family found within the City of Woodinville include, but are not limited to, the following:

(a) Oncorhynchus clarkii – Cutthroat trout.

(b) Oncorhynchus gorbuscha – Pink salmon.

(c) Oncorhynchus keta – Keta or chum salmon.

(d) Oncorhynchus kisutch – Coho salmon.

(e) Oncorhynchus nerka – Sockeye and kokanee salmon.

(f) Oncorhynchus tshawytscha – Chinook salmon.

(g) Oncorhynchus mykiss – Rainbow and steelhead trout.

(h) Salvelinus confluentus – Bull trout and Dolly Varden.

“Scale, architectural” means the perceived relative height and bulk of a building relative to that of neighboring buildings. A building’s apparent height and bulk may be reduced by modulating building facades.

“Scale, human” means the perceived size of a building relative to a human. A building is considered to have “good” human scale if there is an expression of human activity or use that indicates the building’s size. For example, traditionally sized doors, windows, and balconies are elements that respond to the size of the human body, so these elements in a building indicate a building’s overall size.

“Seismic hazard areas” means those areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, surface rupture, soil liquefaction, debris flows, lahars, or tsunamis.

“Setback” means the minimum distance from the property line, access easement boundary, critical area buffer boundary, or other buffer line to where a structure may be built.

“Setback area” means the area of a lot or building site between the property line and the limits set by City regulations within which no permanent structure may intrude unless allowed otherwise by law.

“Sewer, public” means a sewage disposal system directly controlled by public authority.

“Short plat” means the map or representation of a short subdivision.

“Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, provided “tracts,” as defined in WMC 21.11A.210, shall not be considered a lot, tract, parcel, site, or division for purposes of this definition.

“Shrub” means a self-supporting woody perennial plant smaller than a tree characterized by having several stems, with a potential at maturity for a diameter-at-breast-height of less than two inches and a height less than 10 feet.

“Sign” means any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, logos, numbers, or letters for the purpose of communicating a message.

“Sign, abandoned” means a sign that no longer identifies or advertises an ongoing business, product, location, service, idea, or activity conducted on the premises on which the sign is advertising.

“Sign, address” means a sign that designates the street number, suite number, and/or street name for identification purposes.

“Sign, animated” means any sign depicting action, motion, lights, or color change. Includes flashing signs. An animated sign features graphics and illustrations rather than words.

“Sign area” means the total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols. See WMC 21.44.050 for determining sign area.

“Sign, awning/canopy” means any sign painted on or attached directly to and supported by an awning or canopy. An awning or canopy may be constructed of rigid or nonrigid materials and may be retractable or nonretractable.

“Sign, banner” means a type of limited duration sign made of cloth, bunting, plastic, paper, or similar nonrigid materials attached to any structure, pole, rope, wire, or framing which is anchored on two or more edges or at all four corners. Banner signs do not include flags.

“Sign base” means the structure abutting the ground designed specifically for the support of a freestanding sign and which does not form part of the sign proper or of the display.

“Sign, billboard” means a large permanent off-premises sign erected, maintained, or used in the outdoor environment for the purpose of displaying commercial and noncommercial messages.

“Sign, building” means a sign which is affixed to, displayed on, or painted on a building, including architectural projections from a building, in a manner generally parallel with the wall or architectural projection to which it is affixed. Building signs may include signs affixed to a fence, provided the fence upon which the sign is placed runs the length of the property line. Signs that are located at the entrance to an outdoor eating and drinking area, outdoor merchandise area, or similar areas of outdoor occupancy may also be treated as a building sign.

“Sign, changeable message” means a sign or portion thereof on which the message or symbols change either automatically through electrical or electronic means, or manually through placement of letters or symbols on a panel mounted in or on a track system.

“Sign, commercial” means a sign containing commercial content used for identifying a building, use, business or event, or to advertise the sale of goods, products, events or services. This includes real estate signs, garage/yard sale signs, and similar.

“Sign, construction” means a limited duration sign located on the premises on which construction is taking place during the period of such construction and which may indicate the names of the design professionals, contractors, owners, financial supporters, sponsors and/or similar individuals or firms having a role or interest with respect to a construction project.

“Sign, digital display” means the portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include, but are not limited to, LCD, LED, or plasma displays.

“Sign, double-faced” means a sign that has two sign faces, each face being of equal sign area and identical proportions to the other. Each face is located on the sign structure to be exactly opposite the other.

“Sign, face” means the surface of the sign area where the graphic content or message is displayed or illustrated. See WMC 21.44.050 for determining sign face.

“Sign, feather flag” means a sign made of cloth, bunting, plastic, paper, or similar nonrigid materials typically mounted on a lightweight frame, which does not rely on a building or fixed foundation for its structural support, and which the shape of the sign resembles a typical bird feather. Feather flag signs do not include banner signs.

“Sign, flashing” means any sign with an intermittent flashing light source. Generally, a message is continuously repeated, with the sign used as an attention-getting device.

“Sign frame” means an enclosing structure or case around or supporting a sign.

“Sign, freestanding” means a sign standing directly upon the ground or having one or more supports standing directly upon the ground and being detached from any building or similar structure.

“Sign, government/regulatory sign” means any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public official, employee or agent thereof, in the discharge of official duties.

“Sign, human held” means a sign held, worn, or waved by humans.

“Sign, illuminated” means a sign using illumination either directly from an artificial source of light incorporated in and projecting through its surface (internally illuminated), or indirectly from an outside artificial source of light reflecting off its surface (externally illuminated).

“Sign, incidental” means any sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property and that does not contain any commercial advertising.

“Sign, inflatable” means a sign that is an air/gas-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipment. Such signs may include portable blower motor that provides a flow of air/gas into the device.

“Sign, interactive” means an electronic or animated sign that reacts to the behavior or electronic signals of motor vehicle drivers and/or pedestrians.

“Sign, limited duration” means a nonpermanent sign that can be readily moved or removed and is not intended to be displayed for an indefinite period. Limited duration signs may also be referred to as “temporary signs.”

“Sign, marquee” means any sign attached to a marquee for the purpose of identifying a use or product. If attached to a theater, performing arts center, cinema, or other similar use, it may also advertise films, productions, or events.

“Sign, memorial” means a memorial plaque or tablet, including grave markers or other remembrances of persons or events, which is not used for a commercial message.

“Sign, monument” means a freestanding sign that is above ground level and is anchored to the ground by a solid base, with no open space between the sign and the ground.

“Sign mounting” means a support, backing, or setting for a sign.

“Sign, multi-tenant” means a sign used to advertise establishments that occupy a complex with multiple tenants.

“Sign, noncommercial” means a sign containing noncommercial content used for identifying a building, use, or event, or to advertise noncommercial matters. This includes personal expression signs and signs advertising nonprofits and religious institutions.

“Sign, nonconforming” means any existing permanent, legally erected, on-premises sign which does not comply with the current requirements of Chapter 21.44 WMC.

“Sign, off-premises” also referred to as “off-site signs” means an outdoor sign whose message directs attention to a specific business, product, service, event, or activity, or other commercial or noncommercial activity, or contains a noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located.

“Sign, official traffic” means route number signs, street name signs, directional signs, and other traffic signs erected and maintained on public highways and public and private streets in the interest of public safety, or for the regulation of traffic.

“Sign, on-premises” also referred to as “on-site signs” means a sign whose message and design relate to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same property where the sign is located.

“Sign, permanent” means a sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.

“Sign, personal expression” means an on-premises sign that expresses an opinion, interest, position, or other noncommercial message.

“Sign, portable” means a type of limited duration sign which is designed to be transported or moved and is not permanently affixed to the ground, a structure, or building. A-frame (sandwich board) signs are portable signs, but H-frame and similar types of limited duration signs that are not intended to be habitually moved are not considered portable signs.

“Sign, projecting” means a building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not including canopy, awning, or marquee signs. Projecting signs are a type of building sign.

“Sign, reader board” means a sign face consisting of tracks to hold readily changeable letters, allowing changes of copy manually. Reader board signs are a type of changeable message sign.

“Sign, real estate” means a limited duration sign the sole purpose of which is to advertise a premises for rent, lease, or sale. This definition includes “open house” signs, which are solely for the purpose of inviting potential buyers to visit premises currently available for lease or purchase.

“Sign, reflective” means a sign containing any material or device which has the effect of intensifying reflected light.

“Sign, right-of-way” means signs placed in rights-of-way as defined in WMC 21.11A.190 and includes both public rights-of-way as defined and areas within public or private access easements.

“Sign, shingle” means a sign whose front is under a roof overhang or covered area and is perpendicular to the building exterior wall. Shingle signs are a type of building sign.

“Sign support structure” means the poles, posts, walls, foundations, brackets, or any other structure design specifically for the support of a sign and which does not form part of the sign proper or of the display.

“Sign, vending machine” means a sign displayed on a vending machine indicating the name of the product being sold and/or the price of such product.

“Sign, wayfinding” means a type of sign that allows users to find their way, using information provided along the travel path. Wayfinding signs can be managed by a public or private entity and can take the form of building and freestanding signs.

“Sign, window” means any sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from outside. Customary displays of merchandise or objects and materials without lettering behind a store window are not considered signs.

“Sign, yard sale” means a limited duration sign used by the occupant of a residential premises to display a message indicating a temporary sale on such premises of the occupant’s unwanted personal belongings. It is not used for any commercial venture.

“Significant tree” means an existing healthy tree which has a minimum diameter-at-breast-height of six inches, as measured according to the most current published edition of the International Society of Arboriculture’s “Guide for Plant Appraisal.”

“Site” means a lot or group of lots associated with a certain application, building or buildings, or other development.

“Site plan” means a scaled drawing that includes detailed layout of a development proposal and also shows lot lines, access roads, rights-of-way, major landscape features including trees, easements, environmentally sensitive areas, etc.

“Small cell wireless” shall have the same meaning as “small wireless facility” as set forth in 47 CFR 1.6002(1). This includes wireless service facilities that meet each of the following conditions:

(a) The facilities:

(i) Are mounted on structures 50 feet or less in height including the antennas;

(ii) Are mounted on structures no more than 10 percent higher than other adjacent structures; or

(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

(b) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;

(d) The facilities do not require antenna structure registration under 47 CFR Part 17; and

(e) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards.

“Snag” or “wildlife tree” means the remaining trunk of a tree that is intentionally reduced in height and intended to provide habitat value.

“Special use” means a use that deviates from normally accepted activities involving essential public facilities or regional land uses and is subject to conditions and standards placed on the proposed use to ensure compatibility with nearby uses.

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

“Specimen tree” means a viable tree that is considered in very good to excellent health and free of major defects, as determined by the City’s Tree Official.

“Stairwell” means a shaft in a building in which a staircase is built.

“Story” means the portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof.

“Streamers” means a display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind.

“Street” means a public or recorded private thoroughfare providing the main pedestrian and vehicular access through neighborhoods and communities and to abutting property.

“Street, access” when used with design standards means a private street that is independent of parking lot circulation and connects public streets or provides primary access to and within a site.

“Street banner” means a temporary sign without mechanical or electrical devices made of cloth or similar nonrigid materials suspended with rope or cable over the public street right-of-way.

“Street frontage” or “frontage” means any portion of a lot, parcel, or tract abutting a street.

“Streetscape” means the visual character of a street as determined by various elements such as structures, greenery, open space, views, etc.

“Street/utility pole” means telephone, utility/electric, cable television, or street light poles located within a public right-of-way.

“Structure” means anything which is erected, built, or constructed, including an edifice, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

“Subdivision” means the division or redivision of land into 10 or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership; provided, “tracts,” as defined in WMC 21.11A.210, shall not be considered a lot, tract, parcel, site, or division for purposes of this definition.

“Subdivision, accumulative short” means multiple short subdivisions of contiguous existing lots held under common ownership, which would result in the creation of 10 or more lots within a five-year period of the initial short subdivision approval. “Ownership,” for the purpose of this definition, means ownership as established at the date of the initial short subdivision approval.

“Submerged land” means any land at or below the ordinary high-water mark.

“Subordinate” means placed in or occupying a lower class, rank, or position; inferior.

“Substantial destruction” means to remove more than 50 percent of the exterior wall framing of a structure as it existed at the time it became nonconforming, as measured by the horizontal linear length of all existing exterior walls. Any partial removal of existing framing shall count towards the measurement of horizontal linear length the same as if the entire framing with that horizontal linear length was removed, except partial removal shall not include replacement of windows or doors when no beams or struts are removed.

“Substantial improvement” means any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the maintenance, repair, modification, or addition is started or before the damage occurred if the structure has been damaged and is being restored.

“Substantial modification” means a significant change to a permit application or existing development that does one or more of the following:

(a) Increases the intensity of development, excluding changes that are reasonably anticipated to generate minor to no new impacts;

(b) Expands the footprint of any building or structure by at least 400 square feet or 10 percent, whichever is greater, provided the SEPA threshold determination is unaffected;

(c) Increases traffic by 10 or more a.m. or p.m. peak hour trips;

(d) Increases disturbances and/or impacts to critical areas; or

(e) Noticeably changes the original purpose or intent of a permit application, as determined by the Director.

“Support structure” means the structure to which antennas and other necessary associated hardware are mounted, including, but not limited to, towers, electric transmission towers, water tanks, monopoles, utility poles, and existing nonresidential buildings. (Ord. 784 § 11, 2025; Ord. 782 § 8, 2025; Ord. 766 § 8, 2024; Ord. 737 § 2 (Att. A), 2022)

“Threatened species” 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.

“Tower” means, for the purpose of Chapter 21.45 WMC, any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Tower, guyed” means a support structure usually over 100 feet tall, which consists of metal crossed strips or bars, and is steadied by wire guys in a radial pattern around the tower.

“Tower, lattice” means a support structure that consists of metal crossed strips, bars, or braces, forming a tower which may have three, four, or more sides.

“Tower, monopole” means a support structure consisting of a single vertical metal, concrete or wooden pole, typically round or square, and driven into the ground or attached to a foundation;

“Tract” means an extended area of land reserved exclusively for a special use such as but not limited to open space, protection of critical areas, surface water retention, utilities, or access. Tracts reserved for a special use are not considered buildable lots.

“Trails” means manmade pathways designed and intended for use by pedestrians, bicyclists, equestrians, and/or recreational users.

“Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

“Transportation demand management techniques” means strategies designed to change travel behavior to make more efficient use of existing facilities to meet travel demand. Examples of demand management techniques can include strategies that:

(a) Shift demand outside of the peak travel time;

(b) Shift demand to other modes of transportation;

(c) Increase the average number of occupants per vehicle;

(d) Decrease the length of trips; and

(e) Avoid the need for vehicle trips.

“Tree” means a self-supporting woody perennial plant excluding bushes and shrubs.

“Tree grove” means a cluster or stand of at least five trees of any size or species, whose driplines touch.

“Tree removal” means the removal of a tree, through either direct or indirect actions, including, but not limited to: (a) clearing, damaging, or poisoning resulting in an unhealthy or dead tree; (b) removal of at least half of the live crown; or (c) damage to roots or trunk that is likely to destroy the tree’s structural integrity.

“Turf” means the surface layer of land on which grass is growing, consisting of the grass and the soil in which its roots grow. (Ord. 737 § 2 (Att. A), 2022)

“UDC” means Unified Development Code as set forth in this title.

“Ultimate roadway section” means a designation by the City of Woodinville that the maximum roadway or intersection capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to increase peak hour vehicle capacity.

“Understory” means the layer formed by grasses, shrubs, and small trees under the canopy of larger trees and plants.

“Unit lot” means a subdivided lot within a development as created from a parent lot and approved through the unit lot subdivision process.

“Unit lot subdivision” means the dividing of a parent lot into nine or fewer separately owned unit lots for the purpose of sale, lease, or transfer of ownership.

“Use” means any activity, occupation, business, or operation carried out, or intended to be carried on, in a building or other structure or on a parcel of land.

Use, accessory. See definition of “Accessory.”

“Use, primary” means the main or prime purpose for which a building, other structure and/or land is designed, arranged, or intended, or for which may be used, occupied, or maintained under the Woodinville Municipal Code.

“Use, reasonable” means the minimum use to which a property owner is entitled under applicable State and Federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. “Reasonable use” shall be liberally construed to protect the constitutional property rights of the applicant. “Reasonable use” shall not include consideration of factors personal to the owner such as a desire to make a more profitable use of the site.

“Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. See Chapter 21.23 WMC. (Ord. 789 § 2, 2025; Ord. 737 § 2 (Att. A), 2022)

“Variance” means an adjustment in the application of dimensional standards to a particular property.

“Vegetation” means any and all plant life growing at, below, or above the soil surface.

“Vernacular facade” means a unique expression of a building facade that is representative of a popular architectural expression that evolved in a specific geographic area or place during a particular period of time.

“Viable tree” means a significant tree that a qualified tree professional has determined to be in good health, not classified as a hazard or nuisance tree, with a low risk of failure due to structural defects and is a species suitable for its location. (Ord. 737 § 2 (Att. A), 2022)

“Wall framing,” as used when applied to nonconformance, means the assemblage of beams and struts that provide a support structure to which interior and exterior wall coverings are attached. “Wall framing” shall not include the horizontal ceiling joists and sloping rafters used for the roof.

“Watercourse (or stream)” means any portion of a stream or river channel, bed, bank, or bottom waterward of the ordinary high-water line of waters of the State. “Watercourse” also means areas in which fish may spawn, reside, or pass, and tributary waters with defined bed or banks that influence the quality of habitat downstream. “Watercourse” also means waters that flow intermittently or that fluctuate in level during the year, and the term applies to the entire bed of such waters whether the water is at peak level or not. A watercourse includes all surface-water-connected wetlands that provide or maintain habitat that supports fish life. This definition does not include irrigation ditches, canals, stormwater treatment and conveyance systems, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

“Weather protection/covering” means a temporary or permanent roof-like cover often made of fabric, metal, wood, or glass, which cantilevers over a window, walkway, door, and the like to provide limited protection from rain and the elements. This can include awnings, metal awnings, marquees, verandas, and similar types of overhangs located along the ground story of a building.

“Wet meadows grazed” means palustrine emergent wetlands typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary grass, spike rushes, bulrushes, sedges, and rushes. During the growing season, the soil is often saturated but not covered with water. These meadows frequently have been or are being used for livestock activities.

“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically 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 created to mitigate conversion of wetlands.

“Windfirm” means a condition of a tree in which it can withstand moderate storm winds.

“Wireless service facilities” means any unstaffed facility for the transmission and/or reception of “wireless services” as defined by Section 704(a)(7)(c)(i) of the Federal Telecommunications Act of 1996, including cellular, PCS, enhanced specialized mobile radio (ESMR), specialized mobile radio (SMR), paging, 800 MHz and other similar technologies covered by the aforementioned section.

“Wireless service facility, temporary” means a nonpermanent facility installed on a short-term basis, for the purpose of evaluating the technical feasibility of a particular site for placement of a wireless service facility or for providing emergency communications during a natural disaster or other emergency. Examples of temporary wireless service facilities include, but are not limited to, placement of an antenna upon a fully extended bucket truck, crane, or other device capable of reaching the height necessary to evaluate the site for placement of a wireless service facility.

“WMC” means Woodinville Municipal Code. (Ord. 784 § 12, 2025; Ord. 766 § 9, 2024; Ord. 737 § 2 (Att. A), 2022)

“Zone” or “zoning” means an area delineated on the “official zoning map” which, in accordance with the provisions of this title, certain uses of lands, buildings, and structures are permitted and prohibited, and for which certain requirements are established for uses, buildings and structures. (Ord. 737 § 2 (Att. A), 2022)

(1) This chapter contains the use definitions applied in combination with the use tables set forth in Chapter 21.21 WMC.

(2) In defining uses, they include the necessary structures to support the use subject to other standards in code, unless specifically prohibited or the context clearly indicates otherwise.

(3) The definitions in this chapter should be liberally construed to give them their broadest meaning consistent with the following criteria:

(a) The use is consistent with the purpose of the zone statements set forth in WMC 21.20.030;

(b) The physical characteristics of the use and its supporting structures are compatible with other uses set forth in the use tables including but not limited to traffic generation, noise, odor, and other environmental impacts; and

(c) The use is consistent with the Woodinville Comprehensive Plan.

(4) The definitions in this chapter are applied in combination with the definitions set forth in Chapter 21.11A WMC. Should there be a conflict between definitions, the definitions should be harmonized with each other to the extent feasible and consistent with subsection (3) of this section. (Ord. 737 § 2 (Att. A), 2022)

“Accessory parking facility” means surface or structured parking facilities required by Chapter 21.37 WMC that are incidental and designed to provide off-street parking stalls to specific uses and buildings.

“Adult entertainment business” means any establishment or premises engaged in adult entertainment which offers its patrons services, entertainment, or conducts trade in the performance, exhibition, display, barter, rental, or sale of a medium which meets the criteria of “adult entertainment” as defined in WMC 21.48.030(1) and is subject to the requirements in Chapter 21.48 WMC, including but not limited to bookstores, movie theaters, escort businesses, cabarets, adult hotels/motels, and the like.

“Adult family home” means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood, marriage or adoption to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3604(f)(3)(b).

“Airport/heliport” means any runway, landing area or other facility which is designed or used by public carriers or private aircraft for the landing and taking off of aircraft. This term includes associated facilities supporting aircraft operations.

“Ambulatory and outpatient clinics” means establishments furnishing health care services to patients without providing overnight (less than 24 hours) inpatient services. This term includes, but is not limited to, clinics and individual offices (e.g., physician offices, dentists, chiropractors, optometrists, etc.), family planning and outpatient care centers, medical and diagnostic laboratories, medical or dental labs, medical diagnostic and treatment facilities, and blood and organ banks.

“Animal lodging and training facility” means a facility that is not on a family farm in which larger domestic animals are sheltered and fed and may include but is not limited to training, riding lessons, and breeding for commercial or personal use. This definition excludes veterinaries and small animal shelters.

“Animal slaughtering and processing” means establishments primarily engaged in slaughtering animals, preparing processed meats and meat byproducts, and rendering and/or refining animal fat, bones, and meat scraps.

“Arts and cultural establishments” means for-profit, nonprofit, and public establishments primarily engaged in arts and entertainment that operate facilities or provide services to meet varied cultural and entertainment interests for their patrons. These include:

(a) Establishments involved in producing, promoting, or participating in live performances, events, or exhibits for consumer viewing;

(b) Establishments where consumers go to view films for entertainment (e.g., theater);

(c) Establishments that preserve and exhibit objects and sites of historical, cultural, or educational interest (e.g., art galleries, museums, and libraries); and

(d) Establishments operating facilities or providing services that enable patrons to pursue amusement, hobby, and leisure-time interests (e.g., nongambling games, music lessons, performing arts companies).

This definition excludes all adult entertainment and nighttime entertainment establishments. Customary accessory uses may include incidental food and drink services, and small-scale incidental retail sales of general merchandise and products that advertise or promote the establishment.

Arts and cultural establishments are categorized as follows:

(a) Level 1 arts and cultural establishments are not Level 2 arts and cultural establishments;

(b) Level 2 arts and cultural establishments are designed to conduct outdoor live performances.

“Automotive parking facility” means surface or structured facilities designed mainly for the off-street parking of motor vehicles on a temporary, daily, hourly or valet basis. This term does not include accessory parking facilities.

Automotive parking facilities are classified as follows:

(a) Level 1 automotive parking facility has parking stalls typically available to the general public and may involve charging a fee;

(b) Level 2 automotive parking facility has parking stalls (including shared parking stalls) primarily designated for commuters transferring to transit, carpool and vanpool, car-sharing, bicycles, and other forms of transportation for traveling to their end destination. This includes local park and ride lots but does not include parking facility that qualify as a State or regional essential public facility. (Ord. 737 § 2 (Att. A), 2022)

“Bed and breakfast inns” means establishments providing short-term lodging for a fee for fewer than 30 consecutive nights. Lodging is provided in private homes, small buildings converted for this purpose, or a portion thereof. Bed and breakfast inns are characterized by a highly personalized service and inclusion of a full breakfast in the room rate. The number of rooms in a bed and breakfast inn used for paying guests shall not exceed three unless specified otherwise. This term does not include property owners listing their spare room or home for rent for short-term periods such as an Airbnb where such personalized service is not offered. (Ord. 737 § 2 (Att. A), 2022)

“Cemetery” means establishments primarily engaged in operating sites or facilities reserved for the interment of human or animal remains.

“Commercial accessory uses” means uses or structures containing a use accompanying a commercial establishment that is clearly subordinate, incidental, and supporting a primary commercial use. This group excludes accessory outdoor storage.

“Conference center” means a facility designed to hold many people and used for meetings, conferences, seminars, and similar activities. “Conference centers” may include amenities for recreation, food, and related uses for conference participants, but does not include overnight lodging. This term does not include meeting and seminar rooms contained within temporary lodging establishments.

“Construction services, shops and storage yards” means establishments primarily engaged in construction trades whose core activity is the production of specific components for such activities, or the storage of construction-related materials, vehicles, equipment, and other items on site for use at off-site projects. This term may include administrative offices and dispatch centers but does not include standalone offices and dispatch centers where no construction-related items are stored or parked on site, and which otherwise qualify as a professional office.

“Cottage housing development” means a layout of housing where a group of smaller detached or attached dwelling units (can include accessory dwelling units) are horizontally arranged on a lot having a designated amount of open space owned in common by the owners of the dwelling units.

“Courtyard housing development” means a layout of attached dwelling units arranged on two or three sides of a yard or court.

“Crematorium facilities” means establishment or facilities in which the bodies of the dead are cremated. (Ord. 792 § 5, 2025; Ord. 737 § 2 (Att. A), 2022)

“Daycare facility” means facilities designed for the supervised nonmedical care for periods less than 24 consecutive hours of children and adults who are not related to the governing authority by marriage, blood, or adoption. “Daycare facilities” can include community centers offering daycare, child daycare centers, family daycare providers, extended day programs, full day programs, and part day programs. Facilities including childcare must be licensed by the State of Washington as required by RCW 43.216.255. This term does not include preschools or adult family homes.

Daycare facilities are classified as follows:

(a) Level 1 daycare facility allows care for up to 12 adults or children;

(b) Level 2 daycare facility allows care for over 12 adults or children.

“Duplex, two-unit dwelling” means two dwellings where the units are horizontally attached or vertically stacked to each other and where each unit is designed for occupancy by a single household living independently of the other.

“Dwelling, one-unit” means a detached, single dwelling, which is designed exclusively for occupancy by a single household.

“Dwelling unit, accessory” means a dwelling either attached internally, attached by addition, or detached, which is designed exclusively for occupancy by a single household and satisfying the criteria for an accessory dwelling unit in WMC 21.41.020.

(a) Attached accessory dwelling units are located within or affixed to a single-unit dwelling, duplex, multiplex, townhome, or other housing developments.

(b)     Detached accessory dwelling units consist partly or entirely of a building that is separated and detached from other dwelling units. (Ord. 792 § 6, 2025; Ord. 769 § 2, 2024; Ord. 737 § 2 (Att. A), 2022)

“Eating and drinking places” means establishments primarily engaged in preparing meals, snacks, and beverages (alcoholic and nonalcoholic) for customers for immediate on-premises or off-premises consumption. Customary accessory uses may include small-scale retail sales of general merchandise and products that advertise or promote the establishment.

Eating and drinking places are classified as follows:

(a) Level 1 eating and drinking places have food and drink preparation, storage and circulation and indoor/outdoor seating areas totaling up to 2,000 square feet of gross floor area.

(b) Level 2 eating and drinking places have food and drink preparation, storage and circulation and indoor/outdoor seating areas totaling over 2,000 square feet of gross floor area.

“Educational facilities” means institutions, whether public or private, that offer teaching and learning activities or experiences, including preschools, elementary/middle/high schools, colleges and universities, and technical, trade, vocational and other specialty schools. This term does not include public administration facilities or daycare facilities.

Educational facilities are classified as follows:

(a) Level 1 educational facilities provide autonomous specialized instructions including tutoring services that are not coupled with a Level 2 or 3 educational facility;

(b) Level 2 educational facilities provide any combination of preschool, primary, intermediate, and secondary education and may include administrative educational support services;

(c) Level 3 educational facilities provide any combination of post-secondary education such as vocational and higher education and may include administrative educational support services.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to supporting electric vehicles including battery charging stations, rapid charging stations and battery exchange stations.

Electric vehicle infrastructures are classified as follows:

(a) Level 1 electric vehicle infrastructures are minor facilities that are accessory to a primary use and are not Level 2 electric vehicle infrastructure;

(b) Level 2 electric vehicle infrastructures are standalone or accessory facilities that operate similar to a fuel service station.

“Energy resource recovery facility” means establishments with facilities engaged in the recovery of energy in a usable form from mass burning or refuse-derived fuel incineration, pyrolysis, or any other means of using the heat of combustion of solid waste.

“Essential public facility” means any facilities defined in RCW 36.70A.200 that are typically difficult to site, such as airports, State education facilities and State or “regional transportation facilities” as defined in RCW 47.06.140, “regional transit authority facilities” as defined in RCW 81.112.020, State and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and “secure community transition facilities” as defined in RCW 71.09.020.

Essential public facilities are categorized in the City as:

(a) “Essential public facility, local” means an essential public facility that is owned, operated, or sponsored by the City of Woodinville, a special purpose district, King County (for facilities that do not provide service to the County-wide population), or another unit of local government. An essential public facility is “sponsored” by a local government when it will be owned or operated by a local government or nongovernmental entity pursuant to a contract with the local government to provide the essential public facility.

(b) “Essential public facility, regional” means an essential public facility that is owned, operated, or sponsored by King County or a regional agency whose boundaries encompass the City, and which serves a substantial portion of the County-wide population or a geographic area that is greater than the County. An essential public facility is “sponsored” by the County or a regional agency when it will be owned or operated by the County or a nongovernmental entity pursuant to a contract with the County or regional agency to provide the essential public facility.

(c) “Essential public facility, State” means an essential public facility that is owned, operated, or sponsored by the State of Washington, including any department or agency thereof. An essential public facility is “sponsored” by the State when it will be owned or operated by the State or a nongovernmental entity pursuant to a contract with the State to provide the essential public facility. (Ord. 737 § 2 (Att. A), 2022)

“Family farm” means an area of land not to exceed 10 acres in size, which includes an on-site residence, and its buildings associated with raising and harvesting of row crops, field crops or tree crops such as grains, vegetables, fruits, trees, flowers, etc., as well as the commercial raising, training, and boarding of animals and the production of animal products raised primarily on site. This definition excludes the growing, harvesting or sale of marijuana.

Family farms are classified as follows:

(a) Level 1 family farms exclude the raising or fattening of animals for the commercial sale of animals or animal products;

(b) Level 2 family farms are family farms not classified as Level 1.

“Food and grocery store” means establishments primarily engaged in retailing a general line of food, such as but not limited to canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish, and poultry, as well as other convenience and household goods. Wholesale to individual consumers for their own use is included in this definition. Customary accessory uses may include food and drink preparation for immediate consumption on premises or off premises. This term does not include “small farm direct marketing uses.” Food and grocery store establishments are classified as follows:

(a) Level 1 food and grocery stores do not exceed 15,000 square feet of indoor gross floor area;

(b) Level 2 food and grocery stores have over 15,000 square feet of indoor gross floor area.

“Forest and fish and wildlife resource management” means establishments engaged in the sound management of forests, water, air, soil, fish, and wildlife including but not limited to forest research and forest practices, hatcheries, fish preserves, and aquaculture.

“Fuel service station” means establishments primarily engaged in the retail sale of petroleum-based fuels and biofuels. This term includes fuel service stations that are standalone facilities or are accessory to another primary use. Customary accessory uses for standalone fuel service stations may include car washes, minor automotive repair services, convenience stores, and food marts.

“Funeral services” means establishments primarily engaged in preparing the dead for burial or internment and conducting funerals (i.e., providing facilities for holding wakes, arranging transportation for the dead, and selling caskets and related merchandise). Funeral services do not include crematorium facilities. (Ord. 737 § 2 (Att. A), 2022)

“General sales, retail, or service” means establishments primarily engaged in:

(a) Retail sale, rental, small repair, or leasing of merchandise and other goods and services to individual consumers for their own use;

(b) Personal services involving the administering to the individual and personal needs of persons including, but not limited to, barber and beauty shops, skin and nail care, tanning, health spas, massage, dry cleaning and laundry, tailoring and shoemaking, florist, printing using photographic processes, pet grooming and boarding but excluding veterinarian, and similar types of personal services; and

(c) Administrative and professional services provided primarily to individual consumers such as real estate, finance and insurance, and similar administrative and professional services.

Outside sales and outside display of merchandise for the general public are included. However, the outdoor sales and display of bulk goods are not included. General sales, retail or services do not include uses otherwise defined herein such as motorized vehicles or heavy equipment/machinery sales, services, repair, or rental; wholesale/retail warehouses; packing, or convention and trade shows, or marijuana sales or services, etc.

General sales, retail, or service are classified as follows:

(a) Level 1 general sales, retail, or service have up to 30,000 square feet of gross floor area, including areas designed for permanent outdoor business space; or

(b) Level 2 general sales, retail, or service have over 30,000 square feet of gross floor area, including areas designed for permanent outdoor business space.

“Golf facilities” means facilities having an outdoor area with at least nine holes for playing golf including improved tees, greens, fairways, and hazards. “Golf facilities” may include a driving range, clubhouse with related pro-shop, and food and drink services. Miniature golf and golf facilities that are entirely indoors are categorized as indoor recreation and sports facilities. Outdoor miniature golf is categorized as outdoor recreation and sports facility.

“Ground passenger and transit services” means a facility for the storage, parking, dispatch, repair, and maintenance of ground passenger and transit transportation systems such as buses, rail systems, taxis, vans, and similar vehicles composing a transit network available to the general public. This term includes supporting storage facilities and infrastructure and may include Level 2 automotive parking facility.

“Group residential quarters” means a residential building providing sleeping quarter rooms for individuals or for groups usually without private baths, and may include shared cooking, dining, recreational, and sanitation facilities. (Ord. 737 § 2 (Att. A), 2022)

“Heavy equipment/machinery sales, service and rental” means establishments primarily engaged in the sale, storage, servicing, or renting of heavy equipment, including heavy trucks, and construction and earthwork machinery.

“Helipad” means an area on a roof or ground used for the takeoff and landing of helicopters for the purpose of loading or unloading passengers or cargo but not including fueling service, hangars, maintenance, or overhaul facilities.

“Home business” means a limited-scale service or fabrication activity undertaken in a residence for financial gain, which complies with the requirements of WMC 21.41.030 and 21.43.020. The home business must be clearly incidental and secondary to the primary residential use of the property.

Home businesses are classified as follows:

(a) Level 1 home business includes business activities occurring entirely inside a residence including attached garage;

(b) Level 2 home business includes business activities occurring inside a residential accessory building, barn, or other accessory buildings on site associated with a residence. A Level 2 home business may include some business activities inside the residence in addition to the business activities in the accessory buildings.

“Hospital” means establishments licensed by the State of Washington to provide primary health care services and medical or surgical services to both outpatients and inpatients requiring medical care for a variety of physical and mental conditions. This term includes related facilities and services integral to the institution including food services, anatomical pathology services, diagnostic X-ray services, clinical laboratory services, operating room services for a variety of procedures, and facilities for overnight patient care. (Ord. 737 § 2 (Att. A), 2022)

“Indoor recreation and sports facilities” means public or private establishments consisting of indoor facilities engaged in fitness or active recreation. These include any of the following:

(a) Establishments offering exercise, other physical fitness activities, and/or athletics to groups or individuals in such facilities as gyms, swimming pools, sports courts, and other athletic types of activities;

(b) Establishments operating active amusement activities such as bowling, go-carts, arcades, batting cages, billiards, minigolf, skating/rollerblading, etc.;

(c) Establishments operating entertainment arcades and parlors, excluding gambling; or

(d) Establishments designed for firearms and archery shooting practice.

These facilities may include competition and may have areas set aside for spectators and offer instructions and learning activities in recreation and sports to individuals and groups.

Indoor recreation and sports facilities are categorized as follows:

(e) Level 1 indoor recreation and sports facilities have recreation and sports facilities, including supporting accessory uses, up to 10,000 square feet of indoor gross floor area; or

(f) Level 2 indoor recreation and sports facilities are not Level 1 or Level 3 indoor recreation and sports facilities; or

(g) Level 3 indoor recreation and sports facilities have facilities for indoor firearms shooting ranges regardless of floor area.

“Industrial accessory uses” means a use or structure accompanying an industrial establishment that is clearly subordinate, incidental, and supporting of the primary industrial use. The impacts associated with an industrial accessory use should not be such as to qualify the industrial use for a higher category (e.g., should not contribute such impacts that cause a light industrial use to qualify as either a medium or heavy industrial use).

“Industrial, heavy” means establishments primarily engaged in manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of hazardous materials in the manufacturing or other processes. Heavy industry uses include aircraft, ship and boat building, industrial launderers, mineral processing, tire retreading, the manufacture of chemicals of allied products, electronics, electric equipment and appliances, industrial and commercial machinery and equipment, leather and leather goods, motor vehicles, bicycles, paper and allied products, petroleum refining, plastics and rubber products, transportation equipment and any other manufacturing or assembly process which involves hazardous conditions or where the effects from noise, fumes, smoke, vibration, dust, traffic and other environmental impacts cast outside of the structure will have a likelihood of more than a moderate adverse impact on environmental quality.

“Industrial, light” means establishments primarily engaged in the processing, manufacturing, compounding, packaging, fabrication, assembly, and/or treatment of finished or semi-finished products from previously prepared materials, the activities of which are conducted wholly within an enclosed building. This term can include but is not limited to distilleries, wine and beer production, food and kindred products, apparel and textile products, and other manufacturing and assembly processes where the effects from noise, fumes, smoke, vibration, dust, traffic and other environmental impacts cast outside of the structure will have a reasonable likelihood of a de minimis impact on environmental quality.

“Industrial, medium” means establishments primarily engaged in the processing, manufacturing, compounding, packaging, fabrication, and/or the assembly of products from raw materials, the activities of which may be conducted indoors or outdoors. This term can include but is not limited to distilleries, and wine and beer production not qualifying as light industrial; measuring and controlling instruments; fabricated metal products; furniture and fixtures; printing and publishing; stone, clay, glass and concrete products; textile mill products, other wood products besides furniture; and any other manufacturing and assembly process where the effects from noise, fumes, smoke, vibration, dust, traffic and other environmental impacts cast outside of any structures will have more than a de minimis impact but less than a likelihood of a moderate adverse impact on environmental quality. (Ord. 737 § 2 (Att. A), 2022)

“Local recycling collection facility” means establishments or sites with facilities engaged in the collection and transferring of recyclable materials that includes collection of off-site materials that are not an essential public facility. For collection of recyclable materials on site only, see storage areas for the collection of recyclables and solid waste in WMC 21.40.020.

“Long-term automotive parking facility” means a surface or structured facility designed primarily for the off-street parking of motor vehicles on a weekly or longer-term basis for which a fee is charged.

“Long-term care facility” means a facility or a distinct part of a facility that is licensed or approved to provide health care under medical supervision pursuant to Chapter 18.20 RCW and Chapter 388-78A WAC for periods of 24 or more consecutive hours involving two or more patients who are not related to the governing authority by marriage, blood, or adoption. This term includes but is not limited to skilled nursing facilities, dementia care facilities, hospice care centers, convalescent centers, and governmental medical institutions and facilities that provide intensive medical supervision. Long-term care facilities may provide maintenance care as well as restorative services. This term does not include adult family homes or places that qualify as residential care facilities. (Ord. 737 § 2 (Att. A), 2022)

“Marijuana processor” means an establishment or facility licensed by the Washington State Liquor and Cannabis Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers.

“Marijuana producer” means an establishment or facility licensed by the Washington State Liquor and Cannabis Board for the production and sale at wholesale of any of the following:

(a) Marijuana to marijuana processors and other marijuana producers;

(b) Immature plants or clones and seeds for sale to cooperatives under RCW 69.51A.250; and

(c) Immature plants or clones and seeds for sale to qualifying patients and designated providers as provided under RCW 69.51A.310.

“Marijuana retailer” means a person, establishment or facility licensed by the Washington State Liquor and Cannabis Board where marijuana concentrates, usable marijuana, and marijuana-infused products may be sold at retail in retail outlets.

“Mineral, oil, and gas extractions” means establishments primarily engaged in any of the following:

(a) Developing a mine site and/or mining, quarrying, dredging for sand, gravel, clay and/or other minerals; or

(b) Operating and/or developing oil and gas field properties; or

(c) Recovering liquid hydrocarbons from oil and gas fields.

Such establishments may include activities such as exploration, drilling, completing and equipping wells. This includes the mining and extraction of oil from oil shale and oil sands, the production of natural gas, sulfur recovery from natural gas, and the recovery of hydrocarbon liquids from oil and gas field gases.

“Mobile/manufactured home park” means development where homeowners place two or more mobile homes, manufactured homes, or similar types of portable homes on a site for more than 30 days. Such parks may provide basic utilities and other amenities such as mowing, garbage removal, community rooms, pools, and playgrounds.

“Motor vehicle parts sales” means establishments primarily engaged in the retail sale of automotive and truck parts, accessories, products, tires, and cleaning agents. This term does not include other uses included under motor vehicle/vessel sales, rental, service, and repair.

“Motor vehicle/vessel sales, rental, service, and repair” means establishments primarily engaged in the sale, repair, maintenance or service of motorized vehicles and vessels including automobiles, cargo vans, trailers, all-terrain vehicles, trucks, boats, recreational vehicles, motorhomes, or motorcycles. This term includes the replacement, maintenance, and repair of motors, exhaust systems, transmissions, body, paint, interior, and glass, as well as car washes. Customary accessory uses may include the sales of parts, tires, accessories, etc. This term excludes the sale, maintenance, and repair of heavy trucks.

Motor vehicle/vessel sales, rental, service, and repair are classified as follows:

(a) Level 1 motor vehicle/vessel sales, rental, service, and repair are entirely within enclosed buildings;

(b) Level 2 motor vehicle/vessel sales, rental, service, and repair include, in part or in whole, the outdoor display of vehicles/vessels.

“Multiple dwelling unit development” means a building containing dwelling units attached horizontally and that are also stacked vertically on other dwellings or nonresidential uses, where each unit is designed for occupancy by a single household living independently of the other(s) or in a cooperative arrangement. Such buildings must provide separate independent living units but may share common areas for cooking and recreation.

“Multiplex housing development” means a layout of housing containing four or more dwellings where the units are horizontally attached and where each unit is designed for occupancy by a single household living independently of the other(s). (Ord. 792 § 7, 2025; Ord. 737 § 2 (Att. A), 2022)

“Nighttime entertainment establishments” means establishments that are primarily open late into the night offering live entertainment or recordings for an audience, and may include comedy, or dancing and live music venues, which may offer food and drinks as an accessory use. This term excludes arts and cultural establishments that are on average open more than nighttime hours, recreational and sports facilities, and adult entertainment. (Ord. 737 § 2 (Att. A), 2022)

“Outdoor recreation and sports facilities” means public or private establishments engaged in sporting or active recreation/amusement conducted almost wholly outdoors. These facilities may include competition and may have areas set aside for spectators and may offer instructions and learning activities to individuals and groups in recreation and sports. This term does not include public parks and trails, motor and animal racing tracks, or outdoor firearms shooting ranges.

Outdoor recreation and sports facilities are categorized as follows:

(a) Level 1 outdoor recreation and sports facilities are small-scale outdoor facilities not exceeding three acres in size and that are not designed to attract a substantial number of users and spectators from outside of the immediate neighborhood.

(b) Level 2 outdoor recreation and sports facilities are medium to larger-scale outdoor facilities, which are greater than three acres in size or, regardless of size, are likely to attract a substantial number of users and spectators from outside of the immediate neighborhood. Typically, these facilities have, but are not required to have, 20 or more off-street parking stalls and permanent facilities for spectators. Outdoor facilities may include two or more sports fields, or four or more sports courts, or have any of the following: outdoor swimming pool, mini golfing facilities, equestrian/rodeo facilities, running tracks, water parks, stadiums, arenas, fairgrounds, amusement parks, and similar medium and larger-scale outdoor recreational facilities.

“Outdoor storage yard” means the storing outdoors, or under a roofed open structure, of materials, containers, vehicles, equipment, or similar items for more than 72 hours. This term does not apply to uses where outdoor storage or displays are expressly included. (Ord. 737 § 2 (Att. A), 2022)

“Pawnshop” means establishments primarily or, as an accessory, engaging in offering loans in exchange for personal property as collateral. Pawnshops may also include general sales, retail, and personal and general service types of uses.

“Private stormwater management facility” means a surface water control structure installed by a project proponent to retain, detain, or otherwise limit runoff from an individual or group of developed sites specifically served by the facility.

“Professional office” means an establishment for professional, executive, or administrative offices engaged primarily in professional services that provide only minor access to the general public such as research and development, small-scale laboratory and testing, call-centers, legal and accounting firms, architect and engineering firms, business headquarters, and other professional offices. Professional offices offering on-premises access to the general public are categorized as “general sales, retail, or service.” Establishments furnishing health care services defined elsewhere in this code are not included as “professional office.”

“Public administration/safety facilities” means establishments primarily engaged in governmental functions, including Federal, State, and local government agencies that provide services to the general public. This term includes but is not limited to civic centers, fire safety facilities, police facilities, animal control facilities, public safety services, courts, information and general services, and government and public health administrative services. This term may include nonprofits contracted with government agencies to provide governmental services.

“Public parks and trails” means a site designed or developed for active and/or passive recreational use by the general public including, but not limited to, swimming pools, activity centers, playfields, sports courts, fishing areas, off-leash dog areas, picnic and related outdoor activity areas, art displays, arboretums, and areas and trails designed for nonmotorized transportation. Golf facilities are not included in this term. (Ord. 737 § 2 (Att. A), 2022)

“Religious facilities” means a facility for religious worship, the main building/structure of which contains a sanctuary or primary place of religious worship. A religious facility may include related uses supporting the religious mission including but not limited to religious education, counseling, assembly rooms, kitchen, library, recreation hall, daycare facilities, and residential quarters.

“Residential accessory uses” means a use and/or structure that is incidental and subordinate to a residence including, but not limited to:

(a) Garages, carports, and parking facilities for residents on the site;

(b) Playhouses, patios, cabanas, gazebos, swimming pools, sports courts, and incidental household storage buildings (sheds);

(c) Other accessory uses listed for the zone in the municipal code; and

(d) Other necessary and customary uses not listed and determined by the Director to be appropriate, incidental, and subordinate.

“Residential care facility” means an establishment that provides on a regular basis supportive living care, including but not limited to dressing and eating, social needs, and health-related care and services. This term includes senior assisted living centers, nursing homes, continued care retirement homes, and similar types of supported living but does not include adult family homes. A residential care facility does not provide the degree of medical or skilled nursing care and treatment on site that a hospital or long-term care facility provides. (Ord. 737 § 2 (Att. A), 2022)

“School bus base” means facilities used for the storage, dispatch, repair and maintenance of buses, coaches and other vehicles utilized for school transit systems.

“Self-service storage” means establishments primarily engaged in renting or leasing space (i.e., rooms, compartments, lockers, containers, or outdoor space) to individuals for temporary storage of personal property and where such individuals can store and retrieve their property.

“Small farm direct marketing” means small-scale transactions involving the sale directly to customers of fresh fruits, vegetables and flowers, and related products grown and produced primarily on site. This use is typically found in roadside stands, self-pick/self-harvest activities, and culinary and agritourism. This term can include online and mail-order sales, intermediated markets, and direct sales to local restaurants, grocery stores, food co-ops, and schools.

“Social services” means establishments that primarily provide a variety of social assistance services directly to clients and includes but is not limited to the following:

(a) Nonresidential social assistance to children and youth, the elderly, persons with disabilities, and all other individuals and families;

(b) Collecting, preparing, and delivering food and other goods for the needy;

(c) Food, shelter, clothing, medical relief, resettlement, and counseling to victims of domestic or international disasters or conflicts;

(d) Short-term emergency shelter, temporary residential shelter, and transitional housing not included elsewhere in this code;

(e) Vocational rehabilitation or habilitation services such as job counseling, job training, and work experience, to unemployed and underemployed persons, persons with disabilities, and persons who have a job market disadvantage; and

(f) Other similar types of social assistance programs to individuals and families.

“Soil remediation facilities” means establishments with facilities primarily engaged in collecting, storage and remediation of contaminated soils.

“Solid waste transfer and recycling facility” means establishments with facilities primarily engaged in the short-term collection and processing of solid waste and recyclable materials.

“Stacked flat housing development” means a residential building in which entire floors may be separately rented or owned. To qualify as stacked flat housing development the housing units must be vertically stacked and cannot be horizontally attached to each other(s). (Ord. 792 § 8, 2025; Ord. 737 § 2 (Att. A), 2022)

“Tasting room” means establishments primarily engaged in allowing the tasting of samples of wine, beer or spirits and has a State of Washington issued liquor license as a tasting room. A “tasting room” may include the sales of products, marketing events, special events, entertainment, and/or food services. This term does not include manufacturing or production facilities.

“Temporary lodging” means establishments primarily engaged in offering transient lodging accommodations to the general public, and which may include incidental offerings such as restaurants, conference/meeting rooms, giftshops, beauty/spas, and indoor recreational facilities. This term includes hotels, motels, inns, organizational lodging, and hostels. This term does not include “bed and breakfast inns” or “temporary shelters.”

“Temporary shelter” means:

(a) A facility that provides a temporary place for individuals or families who are currently homeless, and which does not require occupants to enter into a lease or an occupancy agreement, and may include day and warming centers that do not provide overnight accommodations; or

(b) A facility that provides temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families, and may or may not require occupants to enter into a lease or an occupancy agreement.

This term does not include temporary encampments as set forth in WMC 21.23.100.

“Townhouse development” means a layout of three or more dwellings where the units are horizontally attached, so that each dwelling occupies space from the foundation to the roof and where each unit is designed for occupancy by a single household living independently of the other(s). (Ord. 792 § 9, 2025; Ord. 737 § 2 (Att. A), 2022)

“Utilities” means services, facilities and infrastructure that produce, transmit, carry, store, process or dispose of electrical power, gas, water, sewage, communications, oil, stormwater and the like. This includes:

(a) Primary: facilities and infrastructure that are provided by a public agency, utility, or franchise which produce, transmit, convey, store, process, or dispose of essential utility services throughout an area. These include, but are not limited to, water storage tanks and lines, reservoirs and booster stations, wastewater interceptors, sewage pump stations and lines, electrical transmission substations and high-tension and distribution power lines, natural gas pipelines, and associated equipment; and including telecommunication facilities provided by a public or private entity.

(b) Accessory: on-site utilities that connect directly to uses and are considered part of the primary use.

“Utility production and processing facilities” means large-scale facilities for the making or treatment of a utility, such as power plants and sewage treatment plants, or parts of those facilities, but excluding utility facilities for producing potable water, stormwater facilities, and utility facilities that are designated as essential public facilities. (Ord. 737 § 2 (Att. A), 2022)

“Vehicle salvage, towing operators, and impoundment yards” means establishments that provide indoor or outdoor storage and sales of scrap vehicle parts, towing services, or impoundment of motor vehicles. This term includes incidental services such as temporary vehicle storage and vehicle emergency road repair services.

“Veterinary facilities” means establishments furnishing licensed veterinary medicine, dentistry, surgery or testing services relating to the prevention, cure, or alleviation of disease and injury in animals and especially domestic animals. (Ord. 737 § 2 (Att. A), 2022)

“Warehousing” means establishments primarily engaged in the short-term or long-term storage of liquids, materials and/or products typically for sale or distribution to persons, firms, or corporations for resale, or in providing logistics services related to the distribution and transportation of such products. Warehousing is classified as follows:

(a) Level 1 warehousing has indoor storage only and has a gross floor area of 35,000 square feet or less; or

(b) Level 2 warehousing are warehouses that are not Level 1 warehousing.

“Wholesale trade” means a warehouse-type facility offering products of primarily discounted or wholesale goods for sale to businesses and other establishments and does not include retail sales to individuals for their own consumption. Many goods and products are typically, but not required to be, sold in large quantities or bulk.

“Wildlife shelter” means a facility for the temporary housing or rehabilitation of sick, wounded, or displaced wildlife. This term may include veterinary services.

“Wireless communication and information facilities” means facilities which transmit and receive radio frequencies for communications, television, radio, navigation, etc., including wireless communication services facilities. These facilities may include satellite dishes, antennas, tower support structures, base stations and supporting equipment and structures. This term does not include incidental antennas designed to receive television broadcast signals and similar for home or individual business use, or small antennas of one meter or less diameter designed to receive broadcast satellite services that are incidental to a residence or business.

Wireless communication and information facilities are classified as follows:

(a) Level 1 wireless communication and information facilities are:

(i) Noncommercial facilities such as amateur radios and 911; and

(ii) “Small wireless facilities” as defined in WMC 21.11A.200;

(b) Level 2 wireless communication and information facilities are wireless communication and information facilities that are neither Level 1 nor Level 3 wireless communication and information facilities;

(c) Level 3 wireless communication and information facilities are:

(i) Any staffed facilities; or

(ii) Any unstaffed facilities that are not a Level 1 wireless communication and information facility having curved antennas with a diameter greater than 25 feet; or a tower, including antennas, protruding more than 120 feet above the ground. (Ord. 737 § 2 (Att. A), 2022)

(1) This title shall be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons.

(2) It shall be a violation for any person, firm, or corporation to erect, construct, alter, repair, move, remove, convert, demolish, use, occupy, or maintain any structure or use of land, or any portion, contrary to or inconsistent with the provisions of this title. The violation shall exist until the unlawful act and/or unlawful use has been remedied or abated.

(3) It shall be a violation for any person, firm, or corporation to erect, construct, alter, repair, move, remove, convert, demolish, use, occupy, or maintain any structure or use of land within the City of Woodinville in any manner contrary to or inconsistent with the terms or conditions of any permit, approved plans, or authorization; provided, that the terms or conditions are explicitly stated on the permit, approved plans, or authorization.

(4) It shall be a violation for any person, firm, or corporation to establish a use or activity without complying with applicable development standards set forth in other titles, ordinances, rules, or other laws, including but not limited to road construction, surface water management, the fire code, and rules of the County Health Department.

(5) It shall be a violation for any person, firm or corporation failing to maintain site improvements, such as landscaping, parking, or drainage control facilities as required by this code or other City ordinances. (Ord. 737 § 2 (Att. A), 2022)

The Director is authorized to enforce the provisions of this code, any implementing administrative rules, and approval conditions attached to any land use approval, through revocation or modification of permits, or through the enforcement, penalty, and abatement provisions of this code. (Ord. 737 § 2 (Att. A), 2022)

Violation of any provision of this title shall constitute a civil or criminal violation subject to the enforcement provisions set forth in Chapter 1.06 WMC. (Ord. 737 § 2 (Att. A), 2022)

(1) Modification of Permits. The Director may modify an approved permit issued by the City for one or more of the following reasons:

(a) Approval was obtained by fraud; or

(b) Other reasons allowed by law.

(2) Suspension of Permits. The Director may temporarily suspend any permit issued by the City for failure of the holder or the holder’s contractor or agent to comply with the requirements of an issued permit, an associated notice of violation or citation, or an associated stop work order or emergency order.

(3) Revocation of Permits. The Director may permanently revoke any permit issued by the City for one or more of the following reasons:

(a) Approval was obtained by fraud;

(b) Failure of the holder or holder’s contractors or agents to comply with the requirements of the permit or acting beyond the scope of work or activity authorized by the permit;

(c) Failure of the holder or holder’s contractors or agents to comply with a notice of violation issued pursuant to Chapter 1.06 WMC related to the permit;

(d) Interference with a public employee in the performance of official duties related to the permit; or

(e) Other reasons allowed by law.

(4) Such permit modification, suspension or revocation shall be carried out by the notice of violation provisions set forth in Chapter 1.06 WMC, and the modification, suspension or revocation shall be effective upon service of the notice of violation on the holder or holder’s contractors or agents. The holder or holder’s contractors or agents may appeal such suspension as provided in Chapter 1.06 WMC for a notice of violation.

(5) Notwithstanding any other provision of this chapter, whenever the Director finds that a violation of any City ordinance, or rules and regulations adopted hereunder, has created, or is creating, an unsanitary, dangerous, or other condition which is deemed to constitute an immediate and irreparable hazard, suspension, and termination of operations under the permit may be required immediately without service of a written notice of violation. (Ord. 737 § 2 (Att. A), 2022)

In enforcing this title, the Director is authorized to not allow the acceptance, processing, or approval by the City of any permit application, or land use approval, or issue a certificate of occupancy for property on which a violation of this title has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. (Ord. 782 § 9, 2025; Ord. 737 § 2 (Att. A), 2022)

The purpose of this chapter is to prescribe reasonable fees and fee collection to cover the cost of services associated with the processing of development applications, inspecting, and reviewing plans, and conducting environmental review. (Ord. 737 § 2 (Att. A), 2022)

This chapter does not apply to impact fees adopted under Chapters 3.36, 3.38 and 3.39 WMC. (Ord. 737 § 2 (Att. A), 2022)

The Director may establish administrative rules to implement the provisions of this chapter.

(1) Fees are due and payable at the time of application for services, or the due date stated on the City’s invoice.

(2) A late penalty payment equal to one percent of the delinquent unpaid balance, compounded monthly, may be assessed on any delinquent unpaid balance.

(3) Unless otherwise required by law, development permit and environmental review fees shall be assessed at the fee rate in effect at the time the fee is collected.

(4) Development fees are not refundable, except development fees and other service fees are refundable in proportion to the amount of work performed by the City in relation to the application for which the fee was collected as of the date an applicant withdraws in writing an application. (Ord. 737 § 2 (Att. A), 2022)

Development fees for permits and permit-related reviews shall be established by resolution of the City Council. (Ord. 737 § 2 (Att. A), 2022)

(1) In addition to City staff, the City utilizes the services of consultants in the processing of development applications, inspecting, and reviewing plans, and conducting environmental review.

(2) When referred to in the fee resolution, consulting costs shall include all costs incurred by the City for services from consultants retained by the City in relation to permits. (Ord. 737 § 2 (Att. A), 2022)

(1) The Director may require an applicant to pay an advance deposit for consultant services determined necessary in the Director’s sole discretion for the timely processing of an application and/or administration of a permit or approval.

(2) The City may withdraw funds from the deposit to compensate for the cost of consultant services as those consultant costs are incurred by the City.

(3) The Director may require the applicant to provide additional payments to the deposit whenever the cost to complete review and inspection on a permit is anticipated to exceed the available funds in the advanced deposit.

(4) The City is not responsible for paying interest on deposits. Any unspent funds remaining after all permits and approval on a project are final shall be refunded to the applicant. (Ord. 737 § 2 (Att. A), 2022)

(1) An applicant disputing a development fee estimate or the payment of development fees shall first attempt to resolve the matter with the Director. The applicant shall submit the dispute in writing and the Director shall issue a decision on the dispute in writing.

(2) If the applicant is aggrieved by the Director’s decision, they may appeal the decision to the hearing examiner as a Type 1 decision pursuant to the procedures set forth in Chapter 21.81 WMC.

(3) The burden is on the applicant to demonstrate that the fee estimates are unreasonable. The Hearing Examiner shall affirm the Director’s decision unless the Examiner determines that the decision was unreasonable.

(4) If the Hearing Examiner determines the fee estimate or payment of certain fees was unreasonable, the Hearing Examiner may modify the fee estimate, or provide other relief as reasonably necessary. The Hearing Examiner’s decision is final.

(5) If the Hearing Examiner determines that the applicant is the substantial prevailing party, the City shall refund the appeal fee.

(6) An appeal of any fee under this chapter shall be limited only to the City’s application of development fees to the applicant’s permit and approval. An applicant may not challenge under this chapter the permit fees as adopted in the fee schedule, or any other code requirements. (Ord. 737 § 2 (Att. A), 2022)

The City recognizes that land, structures, and uses of land and structures that do not conform to this title are detrimental to the public interest. The City also recognizes that it would be unfair to require nonconformance to immediately cease. The intent of this chapter is to establish regulations and procedures which protect rights associated with legally established nonconformance and for the eventual elimination of nonconformance. (Ord. 737 § 2 (Att. A), 2022)

(1) This chapter applies to all uses, structures and other forms of development regulated under, but not complying with, the UDC.

(2) All structures for which a variance was approved shall be considered legal nonconforming structures for which the requirements of this chapter shall apply.

(3) This chapter does not apply to uses, structures and other forms of development located within the shoreline jurisdiction, which are subject to the nonconformance provisions in WMC 21.73.080. (Ord. 737 § 2 (Att. A), 2022)

A person or party asserting the existence of a lawfully established nonconformance has the burden of proving that the condition satisfied the requirements of the development regulation in effect at its creation. (Ord. 737 § 2 (Att. A), 2022)

“Nonconforming uses” are defined in WMC 21.11A.150. The following apply to all nonconforming uses:

(1) Any legally established nonconforming use may continue until such time that the rights to the nonconformance are abandoned pursuant to subsection (3) of this section;

(2) A nonconforming use may not be expanded, have its floor area increased, or any other element of the nonconforming use increased;

(3) A nonconforming use shall be determined abandoned and all rights to the nonconformance lost if one or more of the following apply:

(a) The use is changed to a different use (this does not include changes involving only ownership where the use otherwise is not affected); or

(b) The use is discontinued for a period of 12 consecutive months or more; or

(c) The use is discontinued for a total of 12 months or more during any 24-consecutive-month period.

(4) A structure conforming to development regulations but containing a nonconforming use, or used in support of a nonconforming use, which experiences damage to the extent that it can no longer be occupied by the nonconforming use, may have rights to the nonconforming use continued if:

(a) A complete building permit application to replace the structure is filed with the City within six months of the event causing the damage; and

(b) When the damage is due to fire, natural disaster, or casualty event, the Director may grant up to three one-year extensions to subsection (4)(a) of this section if the property owner requests in writing, and demonstrates with each extension request, that extenuating circumstances not of the property owner’s own making (e.g., resolution of an insurance claim) caused a delay in the submission. (Ord. 737 § 2 (Att. A), 2022)

“Nonconforming structures” are defined in WMC 21.11A.150. The following apply to all nonconforming structures:

(1) Any legally established nonconforming structure may continue until such time that the rights for the nonconformance are abandoned pursuant to subsection (4) of this section;

(2) Where multiple structures exist on the same lot, the requirements of this section shall apply to each structure independent of other structures;

(3) A nonconforming structure may be enlarged, extended, repaired, remodeled, or structurally altered provided the work does not increase the nonconformance and no new structure bulk or area is added to those parts of the building that are the cause of the nonconformance, except the Director may approve an increase in a nonconformance where it is reasonably necessary, and is the minimum necessary, to improve access for elderly or disabled persons;

(4) A nonconforming structure shall be determined to have its nonconformance abandoned and all rights to the nonconformance lost if:

(a) A nonconforming structure meeting the definition of “building” in WMC 21.11A.030 experiences substantial destruction; or

(b) For all other structures other than a building, the structure experiences reconstruction;

(5) Where the rights to a nonconforming structure have been abandoned, continuation of the nonconformance shall cease and any subsequent repair, remodel, alteration, or rebuilding shall require the entire structure to be brought into compliance with the applicable regulations in effect;

(6) A nonconforming structure that experiences substantial destruction or reconstruction may have the rights to the nonconformance continued provided all the following conditions apply:

(a) The loss of the structure is the result of a fire or other casualty not intentionally caused by the owner or tenant of the property;

(b)     The nonconforming structure contains one or more residential dwellings and replacement is within the original configuration of the building immediately prior to the substantial destruction;

(c) Alterations including additions to the original configuration may be authorized provided the alteration does not add any new bulk or area to those parts of the building that are the cause of the nonconformance;

(d) A complete building permit application to replace the building is filed with the City within three years of such fire, natural disaster, or casualty event; and

(e) The Director may grant up to two one-year extensions to subsection (6)(d) of this section if the property owner demonstrates with each extension request that extenuating circumstances not of the property owner’s own making (e.g., resolution of an insurance claim) caused a delay in the submission. (Ord. 792 § 10, 2025; Ord. 737 § 2 (Att. A), 2022)

Nonconformance with the design standards set forth in Chapters 21.33, 21.34 and 21.35 WMC are not subject to this chapter. (Ord. 737 § 2 (Att. A), 2022)

(1) This section applies to signs which are lawful at the time the sign was established, and are continuously maintained, but subsequently fail by reason of adoption, revision, or amendment to sign regulations to fully comply with present regulations.

(2) Legal nonconforming signs pursuant to subsection (1) of this section may continue to exist until such time that the rights to the nonconformance are abandoned pursuant to subsection (5) of this section.

(3) Legal nonconforming signs may be removed for cleaning and routine maintenance provided they are reinstalled within 60 days of their removal.

(4) A legal nonconforming sign may have changes made to the sign, provided the changes do not increase the nonconformance.

(5) A legal nonconforming sign shall be determined to have its nonconformance abandoned and all rights to the nonconformance lost if:

(a) The sign is damaged, and repair is in excess of 50 percent of the predamaged value of the sign; or

(b) The business to which the nonconforming sign pertains, ceases operations and a new business does not reestablish the use of the nonconforming sign within 90 days from the date the prior business ceased operations; or

(c) Except as set forth in subsection (3) of this section, any time a legal nonconforming sign is removed or moved to a new location.

(6) Where the rights to a legal nonconforming sign have been abandoned, continuation of the nonconformance shall cease and any subsequent repair, remodel, alteration, or rebuilding shall require the sign to be brought into compliance with the applicable sign regulations in effect. Nonconforming signs that have their nonconforming rights abandoned shall be removed within 90 days.

(7) Special Provisions for Billboards.

(a) Erecting new billboards inside the City boundaries is prohibited.

(b) Existing billboards shall be subject to the following:

(i) Billboards shall not be altered in size, shape, orientation, height, advertising method or function such as three-dimensional moving or lighted display, or relocated;

(ii) Ordinary repairs to maintain the structural integrity and appearance of a billboard is allowed, provided subsections (7)(b)(i) and (iv) of this section are followed;

(iii) Replacing the billboard copy only is allowed and does not require a permit;

(iv) Any billboard damaged or requiring repair shall be permanently removed if the cost to restore the billboard is in excess of 50 percent of the predamaged value of the billboard;

(v) Any billboard violating the provisions in this subsection (7) shall be permanently removed and shall not be reerected elsewhere in the City;

(vi) Billboards requiring removal shall be removed within 90 days. Failure to remove a billboard shall be subject to enforcement pursuant to Chapter 21.12 WMC. (Ord. 737 § 2 (Att. A), 2022)

(1) Uses and structures that do not comply with applicable development regulations in effect at the time of establishment are determined illegal and subject to enforcement as prescribed by law.

(2) Nothing in this section shall be interpreted as granting any right to continue occupancy of property containing an illegal use or structure.

(3) The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use, structure, and/or site. (Ord. 737 § 2 (Att. A), 2022)

Regardless of any provisions in this chapter, any nonconformance determined to be a public nuisance pursuant to Chapter 8.07 WMC shall be terminated. (Ord. 737 § 2 (Att. A), 2022)