Chapter 18.04 DEFINITIONS

Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular, the word “he” or “his” shall also refer to “she” or “her,” the word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision, and the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.” (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.018 Accessory dwelling unit.

An “accessory dwelling unit” is a self-contained residential unit that is accessory to a single-family home. An accessory dwelling unit has its own bathroom, kitchen facilities, living and sleeping areas, though it can share other features with the single-family home including the yard, parking, storage or laundry facilities. An accessory dwelling unit excludes accessory residential uses as defined in ACC 18.04.023. (Ord. 6245 § 3, 2009; Ord. 5399 § 1, 2000.)

18.04.020 Accessory use.

“Accessory use” means a use, a building or structure, part of a building or other structure, which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot, including a residential garage. If an accessory building is attached to the main building by a common wall or roof, such accessory building shall be considered a part of the main building. Parking areas will not be considered an accessory use under this definition. See related definitions for “Accessory use, manufactured home community” and “Accessory use, residential.” (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.021 Accessory use, manufactured home community.

“Manufactured home community accessory use” is a subordinate use which supports the principal manufactured home community use without displacing it. Manufactured home community accessory uses include but are not limited to recreation facilities, clubhouses, park offices, and utility rooms to serve the residents of the park only. (Ord. 6245 § 3, 2009.)

18.04.022 Adult book and video establishment.

Repealed by Ord. 5835. (Ord. 4469 § 1, 1990.)

18.04.023 Accessory use, residential.

“Residential accessory use” means a subordinate use which supports the principal residential use without displacing it. The accessory residential use is typically located on the same lot occupied by the principal residential use. Residential accessory uses include residential garage, guest cottage, recreation room, tool shed, swimming pool, noncommercial greenhouse, private stable, barn, pen, coop, or similar structure. This use excludes accessory dwelling units, as defined in ACC 18.04.018, and manufactured home community accessory uses. (Ord. 6245 § 3, 2009.)

18.04.024 Adult entertainment establishment.

Repealed by Ord. 5835. (Ord. 4885 § 2, 1996; Ord. 4469 § 1, 1990.)

18.04.027 Adult entertainment.

Repealed by Ord. 5835. (Ord. 4885 § 1, 1996.)

18.04.030 Adult motion picture theater.

Repealed by Ord. 5835. (Ord. 4469 § 1, 1990; Ord. 4229 § 2, 1987.)

18.04.031 Adult family home.

“Adult family home” means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. (Ord. 6245 § 3, 2009.)

18.04.032 Adult uses.

Repealed by Ord. 5835. (Ord. 4885 § 3, 1996; Ord. 4469 § 1, 1990.)

18.04.040 Airport, heliport or aircraft landing field.

“Airport,” “heliport,” or “aircraft landing field” means any runway, landing area or other facility whether publicly or privately owned or operated, and which is designed, used or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft, including ultralights as defined by ACC 8.36.010. This definition includes all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces. This definition does not include manufacturing, servicing or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.050 Airport elevation.

“Airport elevation” means the established elevation of the highest point on the usable landing area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.060 Airport hazard.

“Airport hazard” means any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.070 Airport landing area.

“Airport landing area” means the area of the airport used for the landing, taking off or taxiing of aircraft. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.080 Airport reference point.

“Airport reference point” means the point established as the approximate geographic center of the airport landing area and so designated. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.090 Alley.

“Alley” means a public travel way or other public right-of-way under the jurisdiction and control of the city and not designated for general travel and used primarily as a means of access to the rear of residential and/or business establishments. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.100 Amusement device, mechanical.

“Mechanical amusement device” means any machine which, upon the insertion of a coin, slug, token, plate, disk, monetary bill or credit card, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines, video games and all games, operations or transactions similar thereto under whatever name they may be indicated to specify. “Mechanical amusement device” does not include pool tables. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.110 Apartment.

“Apartment” means a dwelling unit in a multifamily building with three or more dwelling units; such units are typically owned by a single entity and may be used for rental housing. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.120 Arcade.

“Arcade” includes any place of business having in excess of four mechanical amusement devices as defined in ACC 18.04.100. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.125 Assisted living facility.

“Assisted living facility” means a combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living. An establishment with a central or private kitchen, dining, recreational, and other facilities, with separate bedrooms or living quarters, where the emphasis of the facility remains residential. (Ord. 6245 § 3, 2009; Ord. 6140 § 1, 2007.)

18.04.130 Automobile repair.

“Automobile repair” includes fixing, incidental body or fender work, painting, and upholstering, engine tune-up, adjusting lights, installation/repair of electrical or electronic components, brakes, supplying and installing replacement parts to passenger vehicles and trucks. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.140 Automobile service station.

“Automobile service station” means a place of business where the primary business is the fueling of vehicles. Automobile service stations have pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed. Sales and installation of auto accessories, washing, polishing, inspections and cleaning, but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants. Retail sales of food and grocery-related items may also be considered an incidental use. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.150 Automobile wrecking.

“Automobile wrecking” means the dismantling or disassembling of used motor vehicles or trailers, the storage, sale or dumping of dismantled, obsolete, or wrecked vehicles or their parts, and the towing of such vehicles or parts in connection with such activity. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.160 Automobile wrecking yard.

“Automobile wrecking yard” means any premises devoted to automobile wrecking. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.170 Automobile, trailer, equipment sales area.

“Automobile, trailer and equipment sales area” means an open area, other than a street or alley, used for the display, sale or rental of new or used automobiles, trucks, trailers or other equipment. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.175 Bed and breakfast.

“Bed and breakfast” means a residential home maintained by an on-premises owner that provides no more than six guest rooms which are used, rented, or hired out to guests to be occupied for sleeping purposes, and which may also offer communal dining services. (Ord. 6245 § 3, 2009.)

18.04.180 Boardinghouse.

“Boardinghouse” means any dwelling in which three or more persons, either individually or as families, are housed or lodged for hire with or without meals. A roominghouse or a furnished-room house is a boardinghouse. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.185 Brew pub.

“Brew pub,” also known as a “microbrewery,” means an eating and drinking establishment which includes the brewing of beer, ale or malt beverage as an accessory use to a full-service restaurant. The amount of beverage produced on the premises cannot be less than 240 barrels or exceed 2,400 barrels in any calendar year. No more than 30 percent of the product brewed may be sold off-premises in either bottles or kegs. A loading and unloading area must then be provided for. A full-service restaurant as defined by ACC 18.04.804 must occupy at least 51 percent of the gross floor area of the brew pub and restaurant, combined. Any brew pub that does not meet the requirements of this definition will be considered a tavern as defined by ACC 18.04.895. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000.)

18.04.190 Building.

“Building” means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.200 Building height.

“Height of building” means the vertical distance measured from the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features then the height shall be measured from the finished grade to the highest portion of the structure. See Figure 18.04.200. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

Figure 18.04.200 Building Height

18.04.210 Building, main.

“Main building” means the principal building or buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.220 Building official.

Repealed by Ord. 6245. (Ord. 4229 § 2, 1987.)

18.04.230 Building site.

“Building site” means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together with all yards and open spaces required by this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.235 Built green.

“Built green” means an environmental building program locally administered by the Master Builders Association of King and Snohomish Counties which provides rating systems which quantify environmentally friendly building practices for remodeling and new residential construction. The construction must qualify for a minimum number of points in order to be certified as “built green.” Each building receives a one- to five-star rating based on the builder’s ability to meet the sustainable design standards. (Ord. 6245 § 3, 2009; Ord. 6036 § 5, 2006.)

18.04.240 Commercial use.

“Commercial use” shall mean any activity or use of land which involves the buying, selling, processing or improving of things not produced on the land and having financial gain as the primary aim of the activity or use; whether or not such activity or use be for hire or on account of the buyer, seller, processor, or improver. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.245 Commercial vehicle.

“Commercial vehicle” means semi-truck tractors and/or semi-trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise. (Ord. 6245 § 3, 2009; Ord. 6019 § 1, 2006.)

18.04.250 Comprehensive plan.

“Comprehensive plan” means the comprehensive plan for the Auburn planning area, as now constituted, or hereafter amended, or its successor. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.260 Conditional use.

“Conditional use” means a use permitted in a zone only after review and approval by the hearing examiner. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zone, or if the site is regulated in a certain manner in order to achieve the purposes of this title. (Ord. 6245 § 3, 2009; Ord. 6185 § 1, 2008; Ord. 4229 § 2, 1987.)

18.04.265 Condominium.

“Condominium” means a form of ownership in which individuals purchase and own individual units in a multi-unit complex and jointly own and share financial responsibility for certain common areas. Residential condominiums in multifamily buildings differ from apartments in that each unit is individually owned, and any land in the project is owned in common by all householders. (Ord. 6245 § 3, 2009.)

18.04.270 Conforming use.

“Conforming use” means an activity the nature and type of which is permitted in the zone in which the property on which it is established is located. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.280 Contract rezone.

Repealed by Ord. 6245. (Ord. 4229 § 2, 1987.)

18.04.285 Dangerous waste.

“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as dangerous waste. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.290 Daycare center, nursery school, preschool.

“Daycare center,” “nursery school,” or “preschool” means any type of group daycare programs, for children or adults, including nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for preschool children, covering afterschool care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and conducted in accordance with state requirements. For the purpose of this title the following shall also apply to daycare center, nursery schools or preschools:

A. “Babysitting care” means a dwelling which provides occasional custodial care to children, for periods of less than 24 hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation.

B. “Home based daycare” means a licensed daycare that regularly provides daycare for not more than 12 children or adults in the provider’s home in the family living quarters, for periods of less than 24 hours.

C. “Mini daycare center” means a place, other than the home of the provider, which provides regular custodial care for one to 12 children, for periods of less than 24 hours.

D. “Daycare center” means a place, other than the home of the provider, which provides regular custodial care for 12 or more children, for periods of less than 24 hours.

E. “Preschool/nursery school” means a place, other than the home of the provider, which provides regular custodial care and/or organized learning and educational experiences for children. (Ord. 6245 § 3, 2009; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)

18.04.295 Designated facility zone.

“Designated facility zone” means a zone in which hazardous waste treatment and storage facilities are allowed uses, subject to the state siting criteria designated in Chapter 70.105 RCW. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.300 Density.

“Density” is a measure of population, housing units, or building area related to land area, and is expressed as a ratio, e.g., one dwelling unit per acre. See ACC 18.02.065 for features that are deducted from site area in the city of Auburn’s calculation of density. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.301 Density, base.

“Base density” refers to the greatest number of dwelling units allowed without application of the bonus density provisions of Chapter 18.25 or 18.49 ACC per land area in a specific zone expressed as a ratio. For example, in a zone with a maximum density of four units per acre, the maximum number of housing units allowed on a one-quarter-acre lot is one unit. (Ord. 6245 § 3, 2009.)

18.04.302 Density bonus.

“Density bonus” refers to residential units allowed in excess of the base density of a particular zone. Density bonuses may be granted to residential developers in exchange for recognized public benefits pursuant to Chapter 18.25 or 18.49 ACC. (Ord. 6245 § 3, 2009.)

18.04.303 Density, minimum.

“Minimum density” refers to the least number of dwelling units allowed per land area in a specific zone, expressed as a ratio. For example, in a zone with a minimum density of 12 units per acre, development of a two-acre lot would require a minimum of 24 units. (Ord. 6245 § 3, 2009.)

18.04.310 Development standards.

“Development standards” means regulations pertaining to setbacks, landscaping, height, site coverage, signs, building layout, site design and related features of land use. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.320 District.

Repealed by Ord. 6245. (Ord. 4229 § 2, 1987.)

18.04.330 Dwelling.

“Dwelling” means a building designed exclusively for residential purposes for occupancy by a person or family with one or more rooms for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, including single-family, two-family and multiple-family dwellings but not including hotels or motel units without kitchens. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.340 Dwellings, types of.

“Types of dwellings” means:

A. Dwelling, Single-Family. “Single-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit that is permanently attached to the ground. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31.050.

B. Dwelling, Two-Family (Duplex). “Two-family dwelling” or “duplex” means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units.

C. Dwelling, Multiple-Family. “Multiple-family dwelling” means a building designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.

D. Dwelling, Townhouse. “Townhouse dwelling” means a building designed exclusively for occupancy by one family, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to one or more other dwelling units by common walls. (Ord. 6245 § 3, 2009; Ord. 6162 § 1, 2008; Ord. 4229 § 2, 1987.)

18.04.350 Dwelling unit.

“Dwelling unit” means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. An efficiency apartment, also known as a studio apartment, constitutes a dwelling unit within the meaning of this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.355 Extremely hazardous waste.

“Extremely hazardous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous waste. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.360 Family.

“Family” means a person living alone, two or more persons related by blood or marriage, or a group of eight or fewer residents who are not related by blood or marriage customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boardinghouse or lodginghouse. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.370 Fence.

“Fence” means a masonry wall or a barrier composed of posts connected by boards, rails, panels, or wire for the purpose of enclosing space or separating parcels of land. The term “fence” does not include retaining walls. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.372 Fence, screened.

“Screened fence” means a fence providing a high degree of visual buffering between two areas that meets the requirements of Chapters 18.31 and 18.50 ACC. (Ord. 6245 § 3, 2009.)

18.04.374 Fence, 100 percent sight-obscuring.

“One hundred percent sight-obscuring fence” means a fence that completely obstructs view between two areas and/or completely obstructs view between two adjoining uses, and meets the requirements of Chapters 18.31 and 18.50 ACC. (Ord. 6245 § 3, 2009.)

18.04.380 Floor area.

“Floor area” means total floor area within the walls of all buildings on a lot or building site, except for the spaces therein devoted to vents, shafts and light courts and except for the area devoted exclusively to loading and unloading facilities and to parking of motor vehicles. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.390 Foster care home.

“Foster care home” means a home which provides regular care for up to four developmentally disabled adults, or up to four adults who are recipients of state or federal financial assistance services, or up to four foster children under the age of 18, or up to three expectant mothers in a residential structure of the person or persons under whose direct care and supervision the people are placed. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.400 Garage or carport, residential.

“Residential garage or carport” means a building or a portion of a building principally used for vehicular equipment such as automobiles, boats, etc., in which only motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(1), 1988; Ord. 4229 § 2, 1987.)

18.04.410 Garage, commercial.

“Commercial garage” means any garage not a residential garage, and which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.411 Golf course.

See ACC 18.04.746, Private country clubs and golf courses, excluding driving ranges. (Ord. 6245 § 3, 2009.)

18.04.412 Governmental facilities.

“Governmental facilities” means facilities of any unit of city, county, state, federal, or special district government. Types of facilities include community centers, vehicle and driver licensing offices, public works maintenance and operations facilities, courts of law, school support facilities, and other types of city, county, state, school district, special district, or federal facilities. This definition excludes jails, municipal parks, transit facilities, sewage treatment plants, schools, municipally owned airports, libraries, and utility facilities and substations as defined in this chapter. (Ord. 6245 § 3, 2009.)

18.04.420 Grade.

“Grade” means the average of the finished ground level at the center of all exterior walls of a building. In case walls are within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.425 Green building practices.

“Green building practices” (as defined by the U.S. Green Building Council, Leadership in Energy and Environmental Design [LEED] Program) means practices that conserve resources, use recycled content materials, maximize energy efficiency, and otherwise consider environmental, economic, and social benefits in the design and construction of a building project. See ACC 18.04.525 for more information on LEED. (Ord. 6245 § 3, 2009; Ord. 6036 § 6, 2006.)

18.04.430 Gross floor area.

“Gross floor area” includes all floor area within the exterior walls of the building including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely to maintain the building for occupancy. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.440 Group residence facility.

“Group residence facility” means a facility licensed by the state and operated with full-time supervision for housing resident persons who, by reasons of their mental or physical disability, addiction to drugs or alcohol, or family and social adjustment problems, require a transitional nonmedical treatment program for rehabilitation and social readjustment. For the purposes of this title, a nonmedical treatment program consists of counseling, vocational guidance, training, group therapy and other similar rehabilitative services but does not include drug and/or alcohol detoxification. Monitoring the taking of prescription medication shall be permitted. The use of medication by any resident shall be incidental to that person’s residence in the facility and shall not be a criterion for residence in the facility. This definition does not include residential dwellings which meet all other requirements of this title, that provide programs related to this definition or which provide services of a nursing home as defined by ACC 18.04.660. (Ord. 6245 § 3, 2009; Ord. 4590 § 2 (Exh. A), 1992; Ord. 4304 § 1(2), 1988; Ord. 4229 § 2, 1987.)

18.04.450 Guest cottage.

“Guest cottage” means an accessory, detached building with bathroom, living and sleeping areas without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main dwelling. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.452 Hazardous material.

“Hazardous material” means a substance or materials in a quantity or form that may pose an unreasonable risk to health, safety or property when stored, transported or used in commerce. For specific definitions of hazardous materials see Code of Federal Regulations, Title 49, as amended; the International Fire Code, as amended; and the Valley Regional Fire Authority General Hazardous Materials Guidelines, as amended. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988; Ord. 4229 § 2, 1987.)

18.04.453 Hazardous substance.

“Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 713-303 WAC. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.454 Hazardous substance processing or handling.

“Hazardous waste processing or handling” means the use, storage, manufacture, production or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.455 Hazardous waste.

“Hazardous waste” means and includes all dangerous (see ACC 18.04.285) and extremely hazardous waste (see ACC 18.04.355). (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.456 Hazardous waste storage.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of Chapter 173-303 WAC. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.457 Hazardous waste treatment.

“Hazardous waste treatment” means the physical, chemical or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.458 Hazardous waste treatment and storage facility, off-site.

“Off-site hazardous waste treatment and storage facility” means the treatment and storage of hazardous wastes from generators on properties other than that on which the off-site facility is located. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.459 Hazardous waste treatment and storage facility, on-site.

“On-site hazardous waste treatment and storage facility” means the treatment and storage of hazardous wastes generated on the same site. (Ord. 6245 § 3, 2009; Ord. 4294 § 2, 1988.)

18.04.460 Home occupation.

“Home occupation” means any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.465 Homeless encampment.

“Homeless encampment” means an emergency homeless encampment hosted by a church or other organization, which provides temporary housing to homeless persons. (Ord. 6245 § 3, 2009; Ord. 6014 § 2, 2006.)

18.04.466 Horse riding, commercial.

“Commercial horse riding” means a land use established for the purpose of providing equestrian trails or other facilities for riding and keeping horses for a fee. This use includes bridle trails. (Ord. 6245 § 3, 2009.)

18.04.470 Hospital.

“Hospital” means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and which is licensed by state law to provide facilities including overnight accommodations and services in surgery, obstetrics and general medical practice. This definition does not include small animal hospitals or clinics, or veterinary clinics, as defined in ACC 18.04.480. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.480 Hospital or clinic, small animal.

“Small animal hospital or clinic” means an establishment in which veterinary medical services and/or clipping, bathing and similar services are rendered to dogs, cats and other small animals and domestic pets, not including kennels. This definition does not include hospitals as defined in ACC 18.04.470. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(3), 1988; Ord. 4229 § 2, 1987.)

18.04.485 Host agency.

“Host agency” means the owner of the property, being a religious institution or other organization, that joins a sponsoring agency in an application for a temporary use permit for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc. (Ord. 6245 § 3, 2009; Ord. 6014 § 3, 2006.)

18.04.490 Hotel.

“Hotel” means any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests, and includes additional amenities such as banquet halls and meeting facilities. Hotels include but are not limited to motels and extended stay hotel accommodations. Hotels do not include renting of rooms, boardinghouses, or bed and breakfast accommodations. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.495 Household pet.

“Household pet” means a domesticated animal of ordinary species that lives, or is commonly known to be capable of living, within the confines of a residence. Animals considered to be common household pets included but are not necessarily limited to the following: dogs, cats, rabbits, indoor birds, small rodents, and fish. Animals not considered to be common household pets include but are not necessarily limited to the following: horses, cows, goats, sheep, swine, donkeys, chickens, endangered or exotic species and any similar species. Animal control is governed by King County Code Title 11, Animal Care and Control. (Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987. Formerly 18.04.720.)

18.04.496 Housing rehabilitation.

“Housing rehabilitation” means the renovation of an existing housing unit for the purpose of preserving existing housing stock, often as a means to provide affordable housing within an established residential neighborhood. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.)

18.04.497 Impervious surface.

“Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. (Ord. 6245 § 3, 2009.)

18.04.498 Incidental.

“Incidental” means reasonably related, as determined by the planning director. One use is incidental to another when it is reasonably related to another (i.e., a garage is incidental to the single-family dwelling unit). (Ord. 6245 § 3, 2009.)

18.04.499 Intensity.

“Intensity” refers to the level of development or activity on a site, in terms of both the nature of uses and the concentration of those uses as indicated by residential density (dwelling units per acre) or floor area ratio. For example, a site with a mixed-use complex with a commercial retail component and a high density multifamily residential component would display a higher level of intensity than the same sized property with a low density, single-family residential development. (Ord. 6245 § 3, 2009.)

18.04.500 Junkyard.

“Junkyard” includes automobile wrecking yards and salvage yards or any premises devoted wholly or in part to the storage, buying or selling of, or otherwise handling or dealing in, old rags, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.510 Kennel.

“Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs or cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An “adult dog or cat” is one of either sex, altered or unaltered, that has reached the age of four months. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.515 Kitchen.

“Kitchen” means any room or portion of a room designed to be used for cooking or the preparation of food, having a kitchen-type sink and provisions available for an installed gas or electric stove or range. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(4), 1988.)

18.04.520 Landscaping.

“Landscaping” means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy and other similar plant material. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.522 Reserved.

Reserved. (Ord. 6245 § 3, 2009; Ord. 5354 § 2, 2000.)

18.04.525 Leadership in energy and environmental design (LEED).

“Leadership in energy and environmental design (LEED)” means a national standard for developing high-performance, sustainable buildings. (Ord. 6245 § 3, 2009; Ord. 6036 § 7, 2006.)

18.04.530 Lot.

“Lot” is defined in ACC 17.04.200. (Ord. 6245 § 3, 2009; Ord. 5170 § 1, 1998; Ord. 4229 § 2, 1987.)

18.04.540 Lot area.

“Lot area” means the total horizontal area within the boundary lines of a lot; however, the area contained in access easements, tracts or panhandles shall not be included in the lot area or any other lot size computation. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.550 Lot coverage.

“Lot coverage” means that percentage of the plot or lot area covered by all buildings including accessory buildings and uses. Coverage is determined by measuring along a horizontal plane from the outermost edge of eaves, cornices, overhangs, or areas covered by a weathertight roof. The first two feet of an eave overhang will, however, not be used in the lot coverage calculation. See Figure 18.04.550.

Figure 18.04.550 Lot Coverage

(Ord. 6245 § 3, 2009; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.)

18.04.560 Lot dimensions.

A. “Lot depth” means:

1. If the front and rear lines are parallel, the shortest distance between such lines;

2. If the front and rear lines are not parallel, the distance between the midpoint of the front lot line and the midpoint of the rear lot line. See Figure 18.04.560(A).

B. “Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line. See Figure 18.04.560(B).

Figure 18.04.560(A) Lot Depth

Figure 18.04.560(B) Lot Width

(Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.570 Lot lines.

“Lot lines” means the lines bounding the lot. For purposes of establishing a setback line for a lot, “lot lines” shall also mean the limits of a private street, when such a street is located on the lot. See Figures 18.04.570(A) and (B).

A. Front Lot Line.

1. For an interior lot, the front lot line shall be that lot line which abuts the street right-of-way.

2. For a corner lot, the front lot line shall be that lot line which abuts a street right-of-way and bests conforms to the pattern of existing site development and/or the pattern of adjacent development, as determined by the planning director.

3. For a through lot, the front lot line shall be that lot line which abuts a nonarterial street or from which primary access is provided.

B. Rear Lot Line. The line opposite, most distant and most parallel with the front lot line. For a biangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of the lot shall be used as the rear lot line.

C. Side Lot Line. All lot lines which do not qualify as a rear or front lot line.

D. Panhandle Lot Lines. For a panhandle lot, the lot lines shall be approved by the planning director. The lot lines shall be most consistent with the adjoining lot lines and shall take into consideration any unique physical characteristics of the property.

Figure 18.04.570(A) Lot Lines

Figure 18.04.570(B) Lot Dimensions and Lot Lines for Gore-Shaped Lots

(Ord. 6245 § 3, 2009; Ord. 6031 § 1, 2006; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987).

18.04.580 Lot of record.

“Lot of record” is defined in ACC 17.04.220. (Ord. 6245 § 3, 2009; Ord. 5170 § 1, 1998; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.)

18.04.590 Lot types.

A. “Corner lot” means a lot situated at the intersection of two or more streets.

B. “Interior lot” means a lot that is neither a corner or through lot.

C. “Through lot” means a lot other than a corner lot which abuts two streets.

D. “Panhandle lot” means a lot accessed from the abutting street by a narrow corridor of land within the same lot.

The area within the panhandle access shall not be included in any lot size calculation including lot area, lot width, lot depth or lot coverage.

No buildings shall be erected within the panhandle access.

See ACC 17.10.120 for development standards for panhandle lots. See Figure 18.04.590.

Figure 18.04.590 Lot Types

(Ord. 6245 § 3, 2009; Ord. 5543 § 1, 2001; Ord. 4503 § 1, 1991; Ord. 4229 § 2, 1987.)

18.04.595 Low impact development.

“Low impact development” means a stormwater management and land development strategy that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic pre-development hydrology. The goal is to prevent measurable harm to streams, lakes, wetlands, and other natural aquatic systems from commercial, residential or industrial development sites. (Ord. 6245 § 3, 2009; Ord. 6036 § 8, 2006.)

18.04.600 Manufactured home.

“Manufactured home” means a single-family dwelling which:

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

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

C. Has exterior siding similar in appearance to siding materials commonly used on site-built single-family homes built in accordance with the International Building Code (IBC).

This definition does not include a mobile home as defined by ACC 18.04.630 or a recreational vehicle as defined by ACC 18.04.780. A manufactured home may be considered a single-family dwelling if sited per ACC 18.31.050. (Ord. 6245 § 3, 2009; Ord. 6162 § 2, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.)

18.04.610 Manufactured home community.

“Manufactured home community” means an area of not less than five acres designed to accommodate individual manufactured homes within the approved community boundaries. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.620 Medical-dental clinic.

“Medical-dental clinic” means an establishment for treatment of outpatients, and providing no overnight care for patients. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.630 Mobile home.

“Mobile home” means a factory-constructed residential unit with its own independent sanitary facilities, that is intended for year-round occupancy, and is composed of one or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that frame or structure over the public highway under license or by special permit. This definition does not include a manufactured home as defined by ACC 18.04.600 or a recreational vehicle as defined by ACC 18.04.780. (Ord. 6245 § 3, 2009; Ord. 6162 § 3, 2008; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.)

18.04.640 Motel.

“Motel” or “motor hotel” means a group of buildings containing individual sleeping or living units, designed for use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.641 Multimodal transportation corridor.

“Multimodal transportation corridor” refers to a transportation route that accommodates and contains facilities for more than a single form or mode of transportation. Multimodal corridors provide opportunities for travel by automobile, transit, and nonmotorized transportation and include relevant infrastructure improvements, such as dedicated bicycle lanes, sidewalks, and transit stations and shelters. (Ord. 6245 § 3, 2009.)

18.04.642 Municipal park.

“Municipal park” means a parcel or tract of land provided by a unit of government to meet the active and/or passive recreational needs of people. This definition includes associated playgrounds and active recreation areas. (Ord. 6245 § 3, 2009.)

18.04.643 Museum.

“Museum” is a cultural facility established and used for the education and enjoyment of the public through exhibits and displays of historical, cultural, or other related subjects. (Ord. 6245 § 3, 2009.)

18.04.644 Neighborhood recreation buildings.

“Neighborhood recreation buildings” means facilities owned and managed by a neighborhood homeowners’ association for recreational and community gatherings. (Ord. 6245 § 3, 2009.)

18.04.645 Neighborhood services.

“Neighborhood services” as listed herein are intended to include commercial establishments that provide goods and services that are considered to be basic to the needs of a local neighborhood, and the provision of which would typically be primarily within the local market area. For the purposes of Chapter 18.49 ACC, neighborhood services establishments include: bakery and pastry shops (products made must be sold at retail on the premises); produce markets; retail grocery stores; delicatessens, restaurants or sandwich shops, limited to a seating area of 25 seats; hardware stores; retail banks or bank branches; pharmacies; daycare facilities; or other services subject to the approval of the planning director. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.)

18.04.648 Net density.

“Net density” is a measure of the net site area as defined in ACC 18.02.065. (Ord. 6245 § 3, 2009.)

18.04.650 Nonconforming use.

“Nonconforming use” means a use which when commenced, complied with use regulations applicable at the time when such use was commenced, and which does not conform to the existing use regulations of the zone where the use is now being conducted or carried on. The term “nonconforming use” shall be applicable to uses of buildings, structures, and land. This definition does not include those uses existing in the zone, prior to the adoption of this title, which would now require an administrative or conditional use permit to operate in the zone. Any expansion of the space, volume or area of the use would then require an administrative or conditional use permit as this title may require. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.660 Nursing home.

“Nursing home,” “rest home,” “convalescent home,” “guest home” and “home for the aged” mean a home operated similarly to a boardinghouse but not restricted to any number of guests or guest rooms, the operator of which is licensed by the state or county to give special care and cure to his or her charges, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons, and in which homes are performed no surgery, maternity or any other primary treatments such as customarily provided in hospitals, and in which no persons are kept or served who normally would be admitted to a mental hospital or to a group residence facility. This definition does not include group residence facilities as defined in this title. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(5), 1988; Ord. 4229 § 2, 1987.)

18.04.670 Occupancy.

“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.672 Outdoor sales.

“Outdoor sales” means an open area used for the display, sale, or rental of goods and/or materials that are actively marketed and readily available for general public consumption. This does not include storage areas of materials that are sold elsewhere on the premises or junkyards as defined by ACC 18.04.500. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.676 Outdoor storage.

“Outdoor storage” means the keeping of materials, supplies, equipment, machinery and vehicles which are not currently licensed or capable to operate on public streets or highways, in an open, uncovered yard or nonwalled buildings. This definition includes junkyards as defined by ACC 18.04.500, but excludes outdoor sales as defined by ACC 18.04.672. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.678 Panoram or peepshow.

Repealed by Ord. 5835. (Ord. 4885 § 4, 1996.)

18.04.680 Parking area.

“Parking area” includes an off-street parking area together with driveways and the access to a public street. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.690 Parking space or stall.

A “parking space” is any off-street space intended for the use of vehicular parking with ingress or egress to the space which is easily identifiable. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.692 Parking structure.

“Parking structure” means a single or multi-level structure intended for the use of vehicular parking, as opposed to an uncovered surface parking lot. This definition includes both stand-alone parking garages and structured parking as incorporated into a building, the primary purpose of which is not parking (i.e., rooftop or basement parking areas). (Ord. 6245 § 3, 2009.)

18.04.696 Permitted use.

“Permitted use” means a land use that is allowed outright within a zone. (Ord. 6245 § 3, 2009.)

18.04.700 Person.

“Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.710 Personal service shop.

“Personal service shop” means premises devoted to hair styling, cutting or permanents, manicurists, custom tailoring, and similar related uses. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.730 Planning commission.

“Planning commission” means that body created by Chapter 2.45 ACC. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.740 Planning director.

“Planning director” means the director of the Auburn department of planning, building and community, or its successor, unless otherwise specified. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.744 Prerelease facility.

“Prerelease facility” has the same meaning as “work release facility” for the purposes of this title. See ACC 18.04.914. (Ord. 6245 § 3, 2009; Ord. 4590 § 3 (Exh. B), 1992.)

18.04.746 Private country clubs and golf courses, excluding driving ranges.

“Private country club and golf course, excluding driving range” means an area designed and used for playing golf, including all accessory uses incidental to the operation of the facility. This definition may include private country clubs or golf courses open to the general public. This definition excludes other outdoor recreational facilities such as driving ranges, municipal parks, or commercial horse riding and bridle trails. (Ord. 6245 § 3, 2009.)

18.04.748 Privately owned and operated parks and playgrounds.

“Privately owned and operated park and playground” means a parcel or tract of land provided by a private entity to meet the active and/or passive recreational needs of people. This definition includes associated playgrounds and active recreation areas. This use excludes municipal parks. (Ord. 6245 § 3, 2009.)

18.04.750 Professional offices.

“Professional offices” means offices maintained and used as places of business conducted by persons engaged in health services for human beings, such as doctors and dentists, and by engineers, attorneys, realtors, architects, accountants, clerical, and other recognized general office and medical occupations. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.752 Prohibited use.

“Prohibited use” means any use which is not specifically enumerated or interpreted by the city as allowable in that zone. Any use not specifically listed as a permitted, conditional, or accessory use is prohibited, except those determined to be unclassified and permitted by the planning director pursuant to ACC 18.02.120(C)(6). Any prohibited use is illegal. (Ord. 6245 § 3, 2009.)

18.04.754 Public art.

“Public art” refers to works of art, regardless of medium, that are primarily designed for, and presented in, the public domain, including work displayed in common areas of publicly accessible buildings. (Ord. 6245 § 3, 2009.)

18.04.756 Public recreational amenity.

“Public recreational amenity” is any recreational facility that is incorporated into a development for public use including but not limited to children’s playgrounds, tennis, basketball, or other sport courts or fields. (Ord. 6245 § 3, 2009.)

18.04.760 Public use.

“Public use” means a use operated exclusively by a public body, such use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, and administrative and service facilities. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.770 Quasi-public use.

“Quasi-public use” means a use operated by a private nonprofit educational, religious, recreational, charitable, or medical institution having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.780 Recreational vehicle, camping trailer, travel trailer, motor home and truck camper.

“Recreational vehicle,” “camping trailer,” “travel trailer,” “motor home” and “truck camper” mean vehicular-type units primarily designed as temporary living quarters for recreational, camping or travel use, with or without motive power, being of such size or weight as not to require a special highway movement permit and licensed by the state as a recreational vehicle. (Ord. 6245 § 3, 2009; Ord. 4350 § 2, 1989; Ord. 4229 § 2, 1987.)

18.04.790 Recreational vehicle park.

“Recreational vehicle park” means a parcel of land designed and improved to accommodate two or more recreational vehicles on a temporary basis. Spaces are typically rented for overnight use, not to exceed 120 days. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.792 Religious institution.

“Religious institution” means an establishment that provides religious worship, religious services or religious ceremonies as its principal use with the sanctuary or principal place of worship contained within a principal building. Incidental and accessory uses that include chapels or subordinate places of worship, school rooms, daycares, classrooms, kitchens, library rooms or reading rooms, recreation halls or offices are permitted in the principal building or in separate buildings. Caretaker’s quarters or living quarters for employees are also permissible as an accessory use. The following incidental and accessory uses to a religious institution are not permitted unless allowed under a valid temporary use permit issued pursuant to ACC 18.46.060: (A) facilities for training of religious orders; (B) nonemployee rooms for rent, boarding rooms or similar facilities; or (C) public showers or other public health services. (Ord. 6245 § 3, 2009; Ord. 6014 § 1, 2006; Ord. 5550 § 1, 2001.)

18.04.794 Renting of rooms.

“Renting of rooms” means the provision of rooms for lodging purposes to not more than two persons in addition to the family who lives in the residence. (Ord. 6245 § 3, 2009.)

18.04.800 Residence.

“Residence” means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units having no kitchens. The term “residence” includes the term “residential” as referring to the type of, or intended use of a building or a structure. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.804 Restaurant, full-service.

“Full-service restaurant” means a public eating place that is used, maintained, advertised and held out to the public as a place that has a full dinner and/or lunch menu serving full course meals, daily prepared in its own kitchen, that are typically served at a table or counter. Food prepared to go or for take-out is allowed as an accessory use as long as the same menu and kitchen are used as for the full-service restaurant. This definition excludes fast food, drive-in types of restaurants, which have characteristics including but not limited to a drive-through window, counter-only service and no waiters or waitresses.

A full-service restaurant may serve alcoholic beverages that are incidental and complementary to the serving of food. A full-service restaurant may contain a lounge where the primary function is the sale, serving and consumption of alcoholic beverages, but the size of this lounge may not exceed 30 percent of the total gross floor area of the establishment. Any eating place that serves alcoholic beverages and does not meet the requirements of this definition will be considered a tavern as defined by ACC 18.04.895. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000. Formerly 18.04.805.)

18.04.805 Right-of-way.

“Right-of-way” is property in which the city has any form of ownership or title and which is held for public purposes as provided for under ACC Title 12 and the city design and construction standards. (Ord. 6245 § 3, 2009.)

18.04.806 Schools, elementary and middle/junior high.

“Schools, elementary and middle/junior high” are institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 6245 § 3, 2009.)

18.04.807 Schools, secondary or high school.

“Schools, secondary or high school” are institutions of learning offering instruction in the several branches of learning and study required by the education code of the state of Washington in grades nine through 12, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 6245 § 3, 2009.)

18.04.808 Secure community transition facility.

“Secure community transition facility” means a residential facility for persons civilly committed under Chapter 71.09 RCW, Sexually Violent Predators, who are conditionally released under said chapter to a less restrictive alternative (to total confinement or imprisonment). A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by or under contract with the Washington State Department of Social and Health Services. (Ord. 6245 § 3, 2009; Ord. 5690 § 3, 2002.)

18.04.809 Senior housing.

“Senior housing” refers to housing stock, whether rental or occupant-owned, that specifically caters to residents aged 55 years and older, either through age requirements or through the provision of specialized care, such as nursing or dietary and personal care. This definition shall include, at a minimum, all facilities that qualify as housing for older persons under the Fair Housing Act. (Ord. 6245 § 3, 2009.)

18.04.810 Setback.

“Setback” means the distance between a lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.)

18.04.811 Setback area.

“Setback area” means that area of a lot bounded on opposite sides by a lot line and the corresponding setback line that is unoccupied and unobstructed from the ground upward unless specifically permitted in this title. See Figure 18.04.811.

Figure 18.04.811 Setback Areas

(Ord. 6245 § 3, 2009.)

18.04.812 Setback, front.

“Front setback” means the distance between a front lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.)

18.04.813 Setback, rear.

“Rear setback” means the distance between a rear lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.)

18.04.814 Setback, side.

“Side setback” means the distance between a side lot line and the corresponding parallel setback line. (Ord. 6245 § 3, 2009.)

18.04.815 Setback line.

“Setback line” means a line which defines a setback as required by this title, which is parallel to but other than a lot line, between which no building, structure, or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this title. (Ord. 6245 § 3, 2009.)

18.04.818 Shopping center.

“Shopping center” means a series of unified commercial establishments which provide retail, business, entertainment or professional services, share the same parking facilities and contain in excess of 100,000 square feet of gross floor area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987. Formerly 18.04.810.)

18.04.820 Sign.

“Sign” means any visual communication device, structure, or fixture which is visible from any right-of-way intended to aid the business establishment in question in promoting the sale of a product, goods or service using graphics, symbols or written copy. It shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.821 Site.

“Site” is an area comprised of one or more legally created lots or parcels used for a development proposal in order to calculate compliance with the standards and regulations of this title. (Ord. 6245 § 3, 2009.)

18.04.822 Site area.

“Site area” is the total horizontal area of a project site. (Ord. 6245 § 3, 2009.)

18.04.824 Social and service organizations.

“Social and service organizations” refers to incorporated or unincorporated nongovernmental or private associations of persons organized for social, education, literary or charitable purposes. This definition also includes community meeting halls, philanthropic institutions, private clubs, fraternal or nonprofit organizations, and social service organizations. This definition excludes religious institutions and government facilities. (Ord. 6245 § 3, 2009.)

18.04.825 Solid waste.

“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. (Ord. 6245 § 3, 2009; Ord. 4262 § 1, 1988. Formerly 18.04.023.)

18.04.826 Solid waste processing facility.

“Solid waste processing facility” means the management, collection, transportation, temporary storage, treatment, utilization, and processing of solid wastes by means of pyrolysis, refuse-derived fuel, or mass incineration within an enclosed structure. These processes may include source separation and recovery of recyclable materials from solid wastes, the recovery of energy resources from such wastes or the conversion of the energy in such wastes to more useful forms or combinations thereof. This definition refers to citywide or regional scale operations and does not include solid waste handling which is accessory to an individual principal use. (Ord. 6245 § 3, 2009; Ord. 4262 § 1, 1988. Formerly 18.04.025.)

18.04.828 Sponsoring agency.

“Sponsoring agency” means an organization that joins in an application with a host agency for a temporary use permit and assumes responsibility for providing basic services and support to homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc. (Ord. 6245 § 3, 2009; Ord. 6014 § 4, 2006.)

18.04.830 Specified anatomical areas.

Repealed by Ord. 5835. (Ord. 4229 § 2, 1987.)

18.04.835 Special needs housing.

“Special needs housing” is housing that meets the definition of nursing home, group home, or other housing that meets the needs of special populations that need assistance or special accommodation in housing. See Chapter 18.49 ACC. (Ord. 6245 § 3, 2009.)

18.04.840 Specified sexual activities.

Repealed by Ord. 5835. (Ord. 4229 § 2, 1987.)

18.04.850 Reserved.

Reserved. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.860 Story.

“Story” means that portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined in this chapter for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined in this chapter at any point, such usable or unused underfloor space shall be considered as a story. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.870 Street, private.

“Private street” means any street which is not a public street. For the purposes of this title a private street will be considered as being a public street for determining setback provisions only. Driveways which are not part of an easement, tract, alley or street shall not be considered a street. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.880 Street, public.

“Public street” is defined in ACC 17.04.370. (Ord. 6245 § 3, 2009; Ord. 4304 § 1(6), 1988; Ord. 4229 § 2, 1987.)

18.04.890 Structure.

“Structure” is that which is built or constructed, 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, except benches, statuary, planter boxes less than 42 inches in height, and fences 72 inches or under in height, or paved areas. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.891 Supportive housing.

“Supportive housing” means a multiple-family dwelling owned or sponsored by a nonprofit corporation or government entity, designed for occupancy by individual adults that are either (A) homeless or at risk of homelessness; (B) are experiencing a disability that presents barriers to employment and housing stability; or (C) generally require structured supportive services to be successful living in the community; is permitted at a greater unit density than otherwise allowed within a particular zone; and is intended to provide long-term, rather than transitional, housing. Long-term housing is approximately longer than two years, whereas transitional housing is no more than two years. (Ord. 6245 § 3, 2009; Ord. 6167 § 1, 2008.)

18.04.892 Sustainable design.

“Sustainable design” means design in which the impact of a building on the environment will be minimal over the lifetime of that building. Structures should incorporate the principles of energy and resource efficiency, practical applications of waste reduction and pollution prevention, good indoor air quality and natural light to promote occupant health and productivity, and transportation efficiency in design and construction, during use and reuse. (Ord. 6245 § 3, 2009; Ord. 6036 § 9, 2006.)

18.04.895 Tavern.

“Tavern” means an establishment operated primarily for the sale of wine, beer or other alcoholic beverages that may or may not include the service of food as an accessory use. (Ord. 6245 § 3, 2009; Ord. 5382 § 1, 2000.)

18.04.896 Transmitting tower.

“Transmitting tower” means any freestanding structure whose primary purpose is the transmission and/or reception of radio signals for personal or hobby purposes. (Ord. 6245 § 3, 2009.)

18.04.897 Unclassified use.

“Unclassified use” means a land use which does not appear in a list of permitted, conditionally permitted, or accessory uses, but which is interpreted by the planning director as similar to a listed permitted, conditionally permitted or accessory use, and not otherwise prohibited, pursuant to ACC 18.02.120. (Ord. 6245 § 3, 2009.)

18.04.900 Use.

“Use” means an activity or purpose for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.901 Utility facilities and substations.

“Utility facility and substation” is any utility facility or substation that is not included in ACC 18.02.040(E). (Ord. 6245 § 3, 2009.)

18.04.910 Variance.

“Variance” means an adjustment in the application of the specific regulations of this title to a particular piece of property. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.912 Wireless communications.

“Wireless communications” means the provision of any personal wireless service, as defined in the Telecommunications Act of 1996, and for the purposes of this title includes the following terms:

A. “Antenna” means a device used in wireless communications which transmits and/or receives radio signals. Antennas include the following types:

1. Accessory: Antennas including, but not limited to, test mobile antennas and Global Positioning System (GPS) antennas which are less than 12 inches in height or width and do not directly provide personal wireless communication.

2. Directional or panel: An antenna or array of antennas designed to transmit a radio signal in a particular direction typically encompassing an arc of 120 degrees. Panel antennas, also called directional antennas, are typically flat, rectangular devices approximately six square feet in size.

3. Dish or parabolic: A bowl-shaped device for the reception and/or transmission of radio frequency communications signals in a specific directional pattern.

4. Whip, rod or omni-directional antenna: An antenna, tubular in shape, that transmits and receives signals throughout a 360-degree range.

5. Other: All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna defined herein which most closely resembles such equipment.

B. “Antenna array” means one or more rods, panels, discs or similar devices attached to a support structure used for the transmission or reception of radio frequency signals.

C. “Attached wireless communications facility (WCF)” means an antenna array which is attached to an existing building or structure.

D. “Carrier” means a company providing wireless communication services, also referred to as a provider.

E. “Co-location” means the use of a common WCF or site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology.

F. “Equipment facility” means a structure used to contain ancillary equipment for a WCF which may include cabinets, shelters, an addition to an existing structure, pedestals and other similar structures.

G. “Microcells” are typically located in and exclusively benefit residential neighborhoods. Microcells consist of an antenna that is either: (1) a dish or parabolic antenna that is no more than four feet in height and with an area of not more than 580 square inches; or (2) a tubular antenna that is no more than four inches in diameter and no more than six feet in height; or (3) one or more panel antenna that is no more than six feet in height, and its width or depth is no more than six inches and the aggregate area of such panel antenna(s) would not exceed 580 square inches that would be visible from any one viewpoint; or (4) similar antennas that are of comparable size and shape.

H. “Separation” means minimum distance required between primary support structures.

I. “Support structure” means the structure to which the antenna and other necessary associated hardware are attached. Support structures include but are not limited to the following:

1. Lattice tower: A structure of varying height that consists of a network of crossed metal braces forming a tower which is usually triangular or square in cross section. To be considered a primary support structure.

2. Monopole: A structure of varying height consisting of a single spire sunk into the ground and/or attached to a foundation. To be considered a primary support structure.

3. Other structures: This may include existing buildings, water towers, athletic field light poles, or other similar structures. To be considered a secondary support structure.

J. “Wireless communications facility (WCF)” means any nonstaffed facility for the transmission and/or reception of wireless telecommunications services, typically consisting of an antenna array, an equipment facility and/or a support structure.

For the purposes of determining in which zones wireless communications facilities are to be permitted, they will be classified pursuant to the following types. Refer to the table in ACC 18.31.100(K) to determine which zones allow for the following types of facilities:

TYPE 1. Type 1 are new antennas erected on existing buildings or nonresidential structures.

There are four separate Type 1 categories described as follows:

1-A. The combined height of the antenna together with the height of the existing building cannot be 25 percent greater than the existing building or exceed the height limitation of the zone in which the building is located.

1-B. The combined height of the antenna together with the height of the existing building cannot be 50 percent greater than the existing building or exceed the height limitation of the zone in which the building is located.

1-C. The combined height of the antenna together with the height of the existing building is 50 percent greater than the existing building or exceeds the height limitation of the zone in which the building is located. The height limitation of the zone can only be exceeded by 25 percent.

1-D. Antenna located on existing water towers, athletic field light poles, or similar public utility infrastructure not located within public street right-of-way. The height limitation of the WCF will be 10 percent of the existing structure height, but may be increased to a maximum of 20 percent with an administrative use permit and may be increased to a maximum of 30 percent with a conditional use permit. The height limitation of the zone may be exceeded relative to the above provisions allowed for a 1-D facility.

TYPE 2. Type 2 are new antennas erected on existing (primary) support structures that have previous city approvals. There are two separate Type 2 categories described as follows:

2-A. Must meet height requirements of previous approval and is limited to 50 percent total (cumulative) expansion of equipment area.

2-B. Has greater height requirements than previous approval and allows for more than a 50 percent expansion of the equipment area.

TYPE 3. Type 3 is the erection of new (primary) support structures. There are two separate Type 3 categories described as follows:

3-A. Monopoles that are 75 feet or less in height.

3-B. Monopoles that are more than 75 feet in height or lattice towers of any height. (Ord. 6245 § 3, 2009; Ord. 5777 § 1, 2003; Ord. 5645 § 1, 2002; Ord. 5020 § 1, 1997.)

18.04.914 Work release facility.

“Work release facility” means a residential alternative to imprisonment, including work/training release and prerelease programs which are under the supervision of a court, federal, state or local agency. This definition excludes at-home electronic surveillance. (Ord. 6245 § 3, 2009; Ord. 4590 § 4 (Exh. C), 1992.)

18.04.920 Yard.

See ACC 18.04.811, Setback area. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.930 Yard, front.

See ACC 18.04.812, Setback, front. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.940 Yard, rear.

See ACC 18.04.813, Setback, rear. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.950 Yard, side.

See ACC 18.04.814, Setback, side. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)

18.04.960 Zone.

“Zone” means an area accurately defined as to boundaries and location on an official map to which a uniform set of regulations applies controlling the types and intensities of land uses, as set forth in this title. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.)