Chapter 11.02
DEFINITIONS

Sections:

11.02.001    Construction.

11.02.002    “A”.

11.02.003    “B”.

11.02.004    “C”.

11.02.005    “D”.

11.02.006    “E”.

11.02.007    “F”.

11.02.008    “G”.

11.02.009    “H”.

11.02.010    “I”.

11.02.020    “J”.

11.02.030    “K”.

11.02.040    “L”.

11.02.050    “M”.

11.02.060    “N”.

11.02.070    “O”.

11.02.080    “P”.

11.02.100    “R”.

11.02.110    “S”.

11.02.120    “T”.

11.02.130    “U”.

11.02.140    “V”.

11.02.150    “W”.

11.02.170    “Y”.

11.02.180    “Z”.

11.02.001 Construction.

In the interpretation of all titles of this code concerning land use and development regulations, the definitions contained in this chapter shall control, unless the context clearly indicates otherwise. Words used in the present tense shall include the plural number, and the plural the singular. (Ord. 1946 § 1, 2005; Ord. 1907 § 1, 2003; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1685, 1997; Ord. 1628 § 1, 1996).

11.02.002 “A”.

“Abut” means to border upon.

“Acre, net buildable” means gross land area measured in acres, minus land area in roads and other rights-of-way, surface storm water retention/detention/water quality facilities, critical areas, critical area buffers, and land dedicated to the city.

“Adjacent” means having a common border. “Adjacent,” “contiguous” and “abutting” shall be interpreted as meaning the same thing.

“Administrative rules” means any agency order, directive or regulation of future effect, including amendment or repeal of a prior rule, which applies generally, and which if violated, subjects a person to a penalty or an administrative sanction.

“Adult entertainment” means:

A.    Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

B.    Any exhibition, performance, or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.

“Adult entertainment facility” means any of the following:

A.    “Adult retail establishment” means a commercial establishment such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 25 percent of the establishment’s stock-in-trade for sale, rent, or any other form of consideration:

1.    Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

2.    Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

“Stock-in-trade” for the purposes of this section means all books, magazines, posters, pictures, periodicals, other printed material, items, products, equipment, pre-recorded video tapes, discs or other similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons.

B.    “Adult arcade” means a commercial establishment which contains individual viewing areas or booths, where, for any form of consideration, including, but not limited to, a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

C.    “Adult entertainment facility, other” means any commercial establishment not defined elsewhere in this code where adult entertainment or sexually-oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represent more than 25 percent of the businesses’ stock-in-trade; provided, however, that a public library and a school, university, or similar educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment which offers access to telecommunications networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

D.    “Adult motel” means a hotel, motel, or similar commercial establishment which:

1.    Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of such sexually-oriented materials; or

2.    Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or

3.    Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

E.    “Adult motion picture theater” means a commercial establishment or drive-in theater, where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or characterized by predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

“Adult family home” means a facility licensed pursuant to Chapter 70.128 RCW, or the regular family abode of a person or persons who are providing personal care, special care, and/or 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.

“Agricultural activities, existing and ongoing” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural uses are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is the operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on the effective date of the critical areas ordinance which were created, developed or utilized primarily as a part of an agricultural drainage or diking system. Forest practices are not included in this definition.

“Agricultural land” means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. (See RCW 36.70A.030(2).)

“Alley” means a public way, paved or unpaved, which is intended to provide or which provides a roadway for vehicular and pedestrian access to abutting properties and is generally located to the rear or side of those properties, but not including such a public way in its natural and undeveloped state which cannot be used by vehicles.

“Alterations, structural” means a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. In buildings for business, commercial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration.

“Alternative energy infrastructure” means equipment used to generate thermal and/or electrical energy from non-utility sources, including the following:

A.    “Geothermal infrastructure” means equipment that transfers thermal energy to and/or from the ground for the purposes of heating and/or cooling a building. An alternative energy system (geothermal) consists of a system of pipes filled with liquid, a heat exchanger, and heat pump.

B.    “Solar infrastructure” means equipment that converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. A solar array is composed of multiple solar panels. For the purposes of this code, an alternative energy system (solar) does not include any solar collection system of six square feet in size or less.

C.    “Wind infrastructure” means equipment used to produce electricity by converting the kinetic energy of wind to rotational, mechanical and electrical energy. An alternative energy system (wind) may consist of the turbine apparatus (rotor, nacelle and tower) and any other buildings, support structures, or other related improvements necessary for the generation of electric power.

“Amusement arcade” means a building or portion thereof in which there are amusement devices, as defined in BMC 5.24.010(B), installed for purposes of play, use or operation.

“Annexation” means the addition of land to the corporate limits of a city.

“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 commercial purposes.

“Area, land,” “area, site” and “area, lot” mean the total horizontal area within the property lines.

“Articulation” means the provision of emphasis to architectural elements such as windows, balconies and entries which create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.

“Auditor” means the person in King or Snohomish County holding the office described in Chapter 36.22 RCW.

“Automotive, marine and heavy equipment services” means a retail sales and/or service use which includes one or more of the following uses:

A.    “Automotive or marine repair” means a use in which repairs, including mechanical repair, collision services and painting, are made to motor vehicles and/or boats;

B.    “Car wash” means a use in which automated or manual facilities are provided for washing motorized vehicles;

C.    “Gas station” means a use in which fuel for motorized vehicles is sold and which may provide accessory uses including but not limited to towing, rental of vehicles under 10,000 pounds gross vehicle weight, facilities for washing no more than three cars at a time, and/or collection of used motor oil;

D.    “Heavy equipment repair” means a use in which reconditioning or repair of any type of motor vehicle over 10,000 pounds gross vehicle weight is carried out. (Ord. 2107 § 2 (Exh. B), 2012; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1697 § 3, 1997; Ord. 1691 § 1, 1997; Ord. 1685, 1997; Ord. 1628 § 1, 1996).

11.02.003 “B”.

“Basement” means that portion of a story partly underground and having at least one-half of its height or more than five feet below the adjoining finish grade.

“Bed and breakfast guest house” means a structure converted from a single-family dwelling or constructed to resemble a single-family dwelling, which structure provides lodging and meal service.

“Binding site plan” means an alternative process established under RCW 58.17.035 for the division of land into lots, parcels or tracts. The binding site plan process includes a set of documents containing drawings to scale which:

A.    Identifies and shows the areas and location of all streets, roads, improvements, utilities and open spaces;

B.    Contains any other improvements, facilities or provisions required to be identified by the city, and contains inscriptions or attachments setting forth such appropriate limitations and conditions for use of the land as established by the city;

C.    Contains provisions requiring any development to conform with the site plan; and

D.    Contains provisions in which an applicant can offer for sale or lease and transfer of ownership certain kinds of lots, parcels or tracts.

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

“BMC” means the Bothell Municipal Code.

“Boarder” means a patron of a boardinghouse or roominghouse who is provided meals, with or without lodging, for compensation.

“Boardinghouse” or “roominghouse” means a dwelling in which not more than four roomers and/or boarders are housed and/or fed.

“Boathouse” means an accessory structure, an accessory portion of a principal structure, or a principal structure designed or used for the shelter or storage of boats.

“Boundary line adjustment” means a division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.

“Building” means a structure as defined in the International Building Code, as adopted by the city.

“Building, accessory” means a subordinate building, the use of which is incidental to the use of the primary building on the same lot.

“Building area, core” means that portion of a property zoned Specialized Senior Housing Overlay (SSHO) which remains after required landscaping buffers; building, parking and driveway setbacks; and transitional building areas are deducted from total lot area.

“Building area, transitional” means the perimeter portion of a property zoned Specialized Senior Housing Overlay (SSHO) in which development is restricted to a lower intensity than in the core building area, in order to effect a gradual increase in building mass and density from perimeter property lines towards the center of the property, with the objective of protecting existing and future single-family residences in the vicinity from the adverse impacts of large buildings, parking areas, drive aisles and other aspects of development typical of specialized senior housing.

“Building coverage” means the same as hard surface coverage. See “Coverage, hard surface.”

“Building, detached” means a building surrounded on all sides by open space.

“Building front” means the face of the building which is parallel to an abutting street or the length of the projection of the wall of a building facing obliquely toward an abutting street when such projection is made perpendicular to the centerline of the street.

“Building height” means the distance measured vertically from the average city-approved finish grade to the highest point on the building, except for structures or appurtenances which are specifically allowed to exceed this distance under BMC 12.14.130; provided, however, that if the building is subject to the provisions of the Bothell shoreline master program, building height as defined in said program shall control.

“Building line” means a line projected along the exterior wall of a building nearest the property line.

“Building, nonconforming” means a building or structure which was lawful when established, but which does not now conform to the applicable development standards or to the zone in which it is located. A structure shall be considered established if it conformed to applicable zoning or building regulations at any time, or when it is built under permit, a permit for the structure has been granted and has not expired, or the structure is substantially underway in conformance with the IBC, as adopted by the city.

“Building official” means the designated building official of the city of Bothell, assigned to administer the Bothell building code, or his/her designee.

“Building or use, principal or primary” means that structure or use permitted outright or allowed as a matter of right within certain zones without public hearing, special permit, or variance; provided, that such use is in accordance with the requirements of the particular zone and general conditions stated elsewhere in this title.

“Building site.” See “Area, site.”

“Business or personal services use” means an economic or institutional unit organized for the purpose of conducting business and/or providing a service. A business establishment may be a commercial, manufacturing, institutional or any other type of nonresidential use. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2171 § 3 (Exh. C), 2015; Ord. 2123 § 2 (Exh. B), 2013; Ord. 1995 § 1, 2008; Ord. 1980 § 1, 2007; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1796 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1685, 1997; Ord. 1628 § 1, 1996).

11.02.004 “C”.

“Campground” means an area or place on which temporary shelters such as tents are erected.

“Cattery” means housing for more than three cats. For the purposes of this definition, kittens shall not be considered cats until weaned.

“Character” means the distinctive features or attributes of buildings and site design on the subject and adjacent properties and in the vicinity, and as articulated in the Imagine Bothell... Comprehensive Plan, including but not limited to building facade, building length, building modulation, building height, roof form; tree cover, types of flora; location of landscaping; size and location of signs; setbacks; amount and location of parking; fence type, height and location and the like.

“Church.” See “Institution.”

“City” means the city of Bothell, Washington.

“Clearing, land” means any systematic or widespread cutting or removal of trees, brush, ground cover or other vegetation which activity does not constitute forest practice as that term is defined in BMC 11.02.007. The definition of “land clearing” shall not extend to include removal of soil; such activity shall be termed “grading.”

“Clinic” means a building designed and used for the psychological, medical and surgical diagnosis and treatment of outpatients under the care of doctors, nurses, and/or other health care practitioners.

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

“Commission, planning” means the Bothell planning commission established by the Bothell city council as provided in Chapter 35A.63 RCW and BMC Title 3.

“Community development director” means the director of the Bothell community development department and/or his/her designee.

“Comprehensive plan” means the city’s adopted comprehensive plan and any amendments thereto, which plan and amendments comprise a generalized coordinated land use policy statement of the city council.

“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. (RCW 64.34.020(10).)

“Conversion” means a change in land use to an active use which is incompatible with timber growing as defined by the state Forest Practices Act, Chapter 76.09 RCW.

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

“Court” means an unoccupied open space bounded on three or more sides by buildings or lot lines on which walls are permitted.

“Coverage, building” means that portion of a lot that is occupied by the principal building and its accessory buildings, including all building projections excepting overhanging eaves, determined by extending a vertical projection to the ground from the widest points of any portion of the building.

“Coverage, hard surface” means the ground area of the entire development site covered by any hard surface, determined by vertical projection to the ground from the widest points of any hard surface, and expressed as a percentage of total lot area.

“Cul-de-sac” means a residential street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2123 § 2 (Exh. B), 2013; Ord. 2041 § 3 (Exh. B), 2010; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.005 “D”.

“Day care” means the provision of human services including but not limited to meals, recreation, education and socialization to children and/or adults for a part of the day.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to him or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The owner shall demonstrate his or her intention to dedicate by presenting a final plat, short plat or deed for filing, which shows all dedication(s) thereon; and the acceptance by the public shall be evidenced by the approval of such plat or deed by the filing and recording by the city.

“Development” means any human-caused change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

“Development regulations” means the controls placed on development or land use activities by the city, 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, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the city.

“Director” means the community development director or the public works director, as specified in the applicable regulation.

“Disabled” means possessing a handicap, as defined in the Federal Fair Housing Act Amendments of 1988 or as amended.

“Dripline” means a circle which could be drawn on the soil around a tree directly under the tips of its outermost branches.

“DSHS” means the Washington State Department of Social and Health Services.

“Dwelling unit” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

“Dwelling unit, accessory” means an additional room or set of rooms secondary to a single-family structure and designed, arranged, occupied or intended to be occupied by not more than one household as living accommodations independent from any other household. An accessory dwelling unit may be within or detached from a primary single-family dwelling.

“Dwelling unit, one unit per structure, detached” means a dwelling unit surrounded on all sides by open space. “Dwelling unit, one unit per structure, detached” means the same thing as “single-family dwelling unit” and “single-family residence.”

“Dwelling unit, three or more units per structure” means a dwelling unit located in a structure containing three or more dwelling units. “Dwelling unit, three or more units per structure” means the same thing as “multifamily dwelling unit,” “multifamily residence” and “apartment.”

“Dwelling unit, two units per structure” means a dwelling unit located in a structure containing two dwelling units. “Dwelling unit, two units per structure” means the same thing as “duplex.” A single-family dwelling containing an accessory dwelling unit shall not be interpreted as a duplex. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 2043 § 2 (Exh. B), 2010; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.006 “E”.

“Easement” means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.

“Eating and drinking establishment” means a retail sales and service use in which food and/or beverages are prepared and sold at retail for immediate consumption.

“Education services” means the provision by public or private institutions of formal general academic, professional or vocational instruction.

“EIS” means an environmental impact statement required by the State Environmental Policy Act, Chapter 43.21C RCW. The terms refers to a draft, final or supplemental EIS.

“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 purpose.

“Electric vehicle charging station” means a public or private parking space located together with a battery charging station that has as its primary purpose the transfer of electric energy to a battery or other storage device in an electric vehicle.

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations and battery changing stations.

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

“Electrical distribution substation” means an assembly of equipment designed to receive energy from a high-voltage distribution supply system to convert it to a form suitable for local distribution and distribute the energy to feeders through switching equipment designed to protect the service from the effect of faults.

“Equipment, heavy” means vehicles or machines capable of lifting or altering heavy objects, moving large quantities of earth or stone, extracting natural resources, harvesting, planting or maintaining agricultural products, and other vehicles or machines performing large-scale work tasks. Heavy equipment includes, but is not limited to, backhoes, bulldozers, earth scrapers, log haulers, farm implements and tractors, and equipment of a similar nature.

“Essential public facilities” means those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities and inpatient facilities including substance abuse facilities, mental health facilities, and group homes.

“Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, excluding any dance such as, but not limited to, common barroom type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in an obscene or patently offensive way and lacks serious literary, artistic, political, or scientific value. (Ord. 2107 § 2 (Exh. B), 2012; Ord. 1946 § 1, 2005; Ord. 1853 § 1, 2001; Ord. 1697 § 3, 1997; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.007 “F”.

“Factory-built housing.” See “Modular home.”

“Familial status” means one or more individuals who have not attained the age of 18 years being domiciled with: (1) a parent or other person having legal custody of such individual or individuals, or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

“Family” means individuals domiciled together in one dwelling unit and who are cooking and living together as a single household, but the number of individuals occupying the dwelling unit shall not exceed the occupant load of the structure, as the same is calculated under the city’s adopted building code.

“Family day care” means a state-licensed day care provider as defined in RCW 74.15.020, who regularly provides day care for not more than 12 children in the provider’s home in the family living quarters.

“FCC” means the Federal Communications Commission.

“Feathered edge” means a visual amenity created by the silhouette of trees against the sky and the appearance of wooded slopes on the various hillsides surrounding the city and within the city.

“Fence” means a fabrication, typically made of wood or metal posts, wooden boards or slats and/or wire strands, which is erected for the purpose of obstructing view, preventing passage, ensuring security, and/or visually defining a space, and which has no roof.

“Fenestration” means the arrangement, proportioning and design of windows, doors and other exterior openings in a building.

“File” means to submit for consideration and decision, subject to satisfaction of all requirements for accepting such submittal, including but not limited to required application fees, drawings, and/or other documentation.

“Floor area, gross” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area includes basement space.

“Floor area, usable nonresidential” means the measurement of usable floor area for nonresidential uses to the exterior face of exterior walls on the first story and any other story connected with a fixed stairway or elevator, which may be made fit for human habitation. The measurement includes the floor area of all accessory buildings measured similarly, but excludes the floor area required for heating and other mechanical equipment, unenclosed porches, light shafts, public corridors and public toilets.

“Floor area, usable residential” means the measurement of usable floor area for residential uses which is the sum of the area of the first story measured to the exterior face of exterior walls plus, similarly measured, the area having more than seven feet six inches headroom of any upper story that is connected by a fixed stairway which may be made usable for human habitation; but excluding the floor area of basements, garages, accessory buildings, attics, breezeways, and unenclosed porches.

“Forest, intact” means a stand of coniferous or deciduous trees characteristic of conditions that predated European settlement that contain the following characteristics:

A.    Mature indigenous trees, such as Douglas fir, western red cedar, western hemlock, red alder, big leaf maple, and other indigenous tree species, that are eight inches in diameter or greater and provide overhead tree canopy;

B.    A shrub/understory layer of plants between four to 15 feet in height such as vine maple, salal, salmonberry, evergreen huckleberry, and other similar indigenous plants;

C.    An emergent layer of plants less than four feet in height such as sword fern, Cascades grape, trillium, and other forbs, grasses, and plants; and

D.    A layer of organic material commonly referred to as “forest duff” comprising needles, leaves, branches, twigs and other organic matter laying upon the soil surface.

As an alternative to the above description, the city may use the United States National Vegetation Classification System’s “Douglas-fir, Western Hemlock Vancouverian Forest and Woodland Division” definition pursuant to Division Detail Report: D192 as it exists or may be amended in the future.

“Forest land” means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. (See also RCW 36.70A.040(8).)

“Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting or processing timber, including but not limited to road and trail construction; harvesting, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control.

“Forest rehabilitation and forest restoration” means the process of rehabilitating or restoring native vegetation and soils on disturbed land with the intent of eventually achieving an intact forested condition. Forest rehabilitation or forest restoration shall consist of:

A.    Forest rehabilitation consists of interplanting within an area containing existing mature and immature trees that have an established canopy but may not be a solid canopy cover. Plantings to rehabilitate a forest shall consist of exclusively native or indigenous trees, understory and emergent plants;

B.    Forest restoration consists of interplanting an area where the native trees have been removed and/or replaced for agricultural or ornamental purposes but the native soils remain in place. Plantings to restore a forest shall consist of exclusively native or indigenous trees, understory and emergent plants; and

C.    All understory plants shall consist of native shrubs and ground cover planted at a sufficient density to provide an immediate surface cover of at least 40 percent with 75 percent cover within three years and 100 percent cover within five years.

“Fraternity, sorority or dormitory” means a building containing sleeping rooms and bathroom facilities for permanent or temporary occupancy with or without a central kitchen for the use of occupants or their guests.

“Freestanding wall” means a fabrication, typically made of wood and/or masonry, which is erected for the purpose of obstructing view, preventing passage, ensuring security, and/or visually defining a space, and which has no roof.

“Front face of a building” means the face of a building which is parallel to an abutting street or, in the case of a building oriented obliquely to the street, the dimension of the building wall when projected perpendicular to the centerline of the abutting street.

“Frontage” means that portion of a property abutting a public street. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2041 § 3 (Exh. B), 2010; Ord. 1957 § 1 (Exh. B), 2006; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1697 § 3, 1997; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.008 “G”.

“Garage” means an accessory structure, an accessory portion of a principal structure, or a principal structure designed or used for the shelter or storage of vehicles.

“Gas station.” See “Automotive, marine and heavy equipment services.”

“General government services” means most services provided by local, state, regional and federal units of government.

Geothermal infrastructure. See “Alternative energy infrastructure.”

“Grade, city-approved finish” means the grade which exists after completion of all city-reviewed and approved ground alterations around all buildings, structures, streets, sidewalks, and other improvements. City-approved finish grade does not include landscape berms.

“Grade, existing” means the grade which exists at the time of permit application.

“Grade, finish” means the grade which will exist with completion of all city-approved ground alterations, around the building or structure. Finish grade does not include landscape berms.

“Grade, predominant” means the horizontal projection of the elevation of the average of the ground surface.

“Grading” means an excavation or fill or combination thereof. (Ord. 2107 § 2 (Exh. B), 2012; Ord. 2041 § 3 (Exh. B), 2010; Ord. 1997 § 1, 2008; Ord. 1980 § 1, 2007; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1796 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.009 “H”.

“Handicap” means a handicap as defined in the Federal Fair Housing Act Amendments of 1988 or as amended.

“Hard surface” means an impervious surface, a permeable pavement, deck, or a vegetated roof.

“Health and social services” means services which promote the physical and emotional well-being of individuals, and the organizations which provide those services.

“Hearing examiner” means the official appointed by the city council as set forth in BMC Title 2, Administration and Personnel.

“Home occupation” means an occupation or profession which is carried on in the primary residential structure or accessory building by a member of the family residing on the premises and which is incidental to the use of the premises as a dwelling unit.

“Hospital” means a building designed and used for medical, psychiatric/emotional and surgical diagnosis, treatment and housing of persons under the care of doctors, nurses and other health care professionals. Rest homes, nursing homes, convalescent homes and clinics are not included.

“Hostel” means a building or portion thereof designed or used for supervised lodging and often containing shared sleeping areas.

“Hotel” means a building or portion thereof designed or used for the temporary rental of five or more units for sleeping purposes, which may or may not have a central kitchen and dining room and accessory shops and services. Catering to the general public may be provided.

“Household” means an individual(s) domiciled in one dwelling unit who are cooking and living together as a single household unit.

“Housing, affordable” means a dwelling unit where the monthly rental, lease, or mortgage plus utilities, and other housing costs requires no more than 30 percent of the gross household income for households whose incomes are 80 percent or less of the median annual income, adjusted for household size, as determined by the United States Department of Housing and Urban Development for the Seattle Metropolitan Statistical Area. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 1995 § 1, 2008; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.010 “I”.

Ice cream truck. See “Vendor, ice cream.”

“Impervious surface” means a nonvegetated surface which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of storm water. For the purposes of determining whether the thresholds for application of minimum requirements are exceeded but shall be considered for flow control and treatment modeling as defined in the Bothell Surface Water Design Manual, open, uncovered retention/detention facilities, turf, landscaping and natural vegetation shall not be considered as impervious surfaces.

“Income, low” means household income between 31 and 50 percent of median income level as established by the United States Department of Housing and Urban Development.

“Income, median” means the household income level determined to represent the median income of all households in the United States of America. This level is calculated annually by the United States Department of Housing and Urban Development.

“Income, moderate” means household income between 51 and 80 percent of median income level as established by the United States Department of Housing and Urban Development.

“Income, very low” means household income below 30 percent of median income level as established by the United States Department of Housing and Urban Development.

“Industrial uses, clean, light” means manufacturing, processing, assembling, packaging, non-retail industrial sales, service and testing, all within the following categories: electronic components, communications equipment, instruments, computers, office machines, software, medical products, robotics, research and development, biotechnology and semi-conductors, which is not inconsistent with Chapter 12.56 BMC. The primary function of the business will be used to determine the classification of that use.

“Institution” means a structure or structures and related grounds used by an organization providing educational, medical, religious, social, and/or recreational services to the community.

“Interested party” means any person who requests information about any Type II through IV permit application and who asks, either verbally or in writing, to receive notification concerning the application, or requests to be included as a party in the official record for said permit application.

“Interval,” when used in reference to building articulation, means the distance before architectural elements repeat. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2152 § 2 (Exh. B), 2014; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.020 “J”.

“Junk vehicle” means a motor vehicle certified under Chapter 8.22 BMC as meeting at least three of the following requirements:

A.    Is three years old or older;

B.    Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, body or chassis, motor or transmission;

C.    Is apparently inoperable, which means any of the following: the tires are flat; vegetation has grown up around the vehicle and through the chassis; there is an obvious lack of essential operating equipment (such as the engine, transmission, drive train components or other operating parts); there are missing body or chassis parts; or any other physical condition that indicate the vehicle is not operable;

D.    Has a fair market value equal only to the value of the scrap in it.

“Junkyard” means a lot, land or structure, or part thereof, used for the collection, storage and/or sale of wastepaper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage, salvaging or sale of parts of machinery, or vehicles not in running condition. Junkyards also include auto wreckage yards or storage yards for wrecked automobiles. (Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.030 “K”.

“Kennel” means housing for more than three dogs. For the purposes of this definition, pups shall not be considered dogs until weaned. (Ord. 1946 § 1, 2005; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.040 “L”.

“Lake” means a natural or artificially created permanent body of standing water with an average depth of six feet or greater and an area larger than one acre, as measured at the ordinary high water mark.

“Line-of-sight” with respect to siting of secure community transition facilities means the maximum distance at which it is possible to reasonably visually distinguish and recognize individuals. Through field tests, this distance has been estimated to be 600 feet.

“Lodging” means a temporary place to stay which includes sleeping accommodations.

“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

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

“Lot depth” means the distance of a line connecting the midpoint of the front lot line to the midpoint of the rear lot line.

“Lot, exterior or corner” means a lot at the junction of and having frontage on two or more intersecting streets.

“Lot, interior” means a lot having frontage on one street.

“Lot line” means the property boundaries of a lot.

“Lot line, front” means, in the case of both an interior and an exterior lot, a line separating the lot from the street right-of-way, access easement or tract, or private street.

“Lot line, interior” means a lot line shared by two or more lots.

“Lot line, rear” means a lot line which is most opposite and most distant from the front lot line; in the case of an irregular shaped lot, including triangular and panhandle lots, the determination of the rear lot line shall be made by the community development director using the criteria contained within BMC 12.14.050(C).

“Lot line, side” means any lot boundary line not a front or rear lot line. In the case of a corner lot or panhandle lot, the side lot line shall be defined by the community development director using the criteria contained within BMC 12.14.050(C).

“Lot, offspring” means an individual fee simple lot created within the boundaries of a “parent site” and is applied exclusively to residential zoning classifications in which attached and detached dwelling units are allowed.

“Lot, panhandle” means a lot not fronting on a street, but with access to a street.

“Lot, through” means a lot which has frontage on two parallel or approximately parallel streets.

“Lot width” means the dimension of the lot line at the street, or in an irregularly shaped lot, the dimension across the lot at the building line; or in a corner lot, the narrow dimension of the lot at a street or building line.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements found in BMC Title 14. (Ord. 2200 § 2 (Exh. B), 2016; Ord. 2123 § 2 (Exh. B), 2013; Ord. 1946 § 1, 2005; Ord. 1884 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.050 “M”.

“Manufactured home, type A” means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which meets the following conditions, as allowed under RCW 35A.21.312 and Chapter 63.160 RCW:

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;

C.    Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Residential Code single-family residences;

D.    Is a “new manufactured home” as defined in RCW 35.63.160, meaning any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2);

E.    Is set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load-bearing or decorative;

F.    Complies with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

G.    Is thermally equivalent to the State Energy Code; and

H.    This section does not override any legally recorded covenants or deed restrictions of record.

“Manufactured home, type B” as defined under WAC 296-150M-0020, “manufactured home,” means a single-family dwelling unit built according to the United States Department of Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code.

“Manufacturing, distribution, storage and warehousing” means activities associated with the development, testing, fabrication and distribution of products.

“Mobile home,” as defined under WAC 296-150M-0020, means a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state.

“Mobile home park” means a parcel (or contiguous parcels) of land divided into two or more mobile and/or manufactured home pads or lots for rent only and having a Mobile Home Park Overlay as defined in Chapter 12.04 BMC.

“Mobile/manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more mobile and/or manufactured home pads or lots for rent or sale. This definition includes “mobile home parks.”

“Modular home” or “modular housing,” as defined by WAC 296-150F-0020, “factory built housing,” means housing designed for human occupancy such as a single-family dwelling. The structure of any room is entirely or substantially prefabricated or assembled at a place other than a building site. It may also include a component. Modular housing does not include manufactured or mobile homes. (See RCW 43.22.450(3).)

“Modulation” means a measured and proportioned inflexion or setback in a building’s face.

“Monitoring” means the collection and analysis of data by various methods for the purposes of understanding and documenting changes in systems and features, and including gathering baseline data, evaluation of the impacts of development proposals on the biological, hydrologic and geologic or other elements of such systems, and assessing the performance of required mitigation elements.

“Moorage” means a place to tie up or anchor a boat or vessel.

“Motel” means a building or group of buildings on the same lot containing dwelling units consisting of individual sleeping quarters detached or in connected rows or stories, with or without cooking facilities for rental to travelers.

“Multiple-building complex” means a group of structures housing at least one retail business, office, commercial venture, or independent and separate department of a business which shares the same lot, access and/or parking facilities or coordinated plan.

“Multiple-tenant building” means a single structure housing more than one retail, office, or commercial business.

“Mural” means a picture painted directly on a building or its appurtenances. (Ord. 1957 § 1 (Exh. B), 2006; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.060 “N”.

“Natural topography” or “natural grade” means the elevation of a parcel of land prior to any human modification of the contours and physiography.

“New construction” means structures for which the start of construction commenced on or after the effective date of applicable development regulations.

“Nonconforming building.” See “Building, nonconforming.”

“Nonconforming use” means a use of land or a structure which was lawful when established and which does not now conform to the use regulations of the zone in which it is located. A use shall be considered established if it conformed to applicable zoning regulations at any time, or when it has commenced under permit, a permit for the use has been granted and has not expired, or a structure to be occupied by the use is substantially underway as defined in the International Building Code.

“Non-invasive vegetation” means any vegetation, either naturally occurring or introduced, that is not poisonous or has not been found to compete or choke out other desirable vegetation, as determined by the city, and which does not result in unusual amounts of time, effort or extraordinary methods to control, eradicate or manage.

“Normal rainfall” means that rainfall that is at or above the mean of the accumulated rainfall record, based upon the water year, for the city as recorded at the Seattle-Tacoma International Airport or other local rainfall recording station.

“Nursery, plant” means an area where plants are grown for transplanting, for use as stocks for budding or grafting, or for sale.

“Nursing home” means a facility which provides short- or long-term care for seniors and other persons who need skilled nursing care but do not require hospitalization. (Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1796 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.070 “O”.

“Office” means a commercial use which provides administrative, contractors, professional or customer services to individuals, businesses, institutions and/or government agencies in an office setting.

“Open record hearing” means a hearing, conducted by the hearing body authorized by the city council to conduct such hearings, that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed in BMC Title 11. An open record hearing may be held prior to the city’s decision on a project permit, to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.

“Open space” means land and/or water area with its surface predominantly open to the sky or predominantly undeveloped, which is set aside to serve the purposes of providing park and recreation opportunities, conserving valuable natural resources, and structuring urban development and form.

“Owner occupancy” means occupancy of a dwelling by the legal property owner as reflected in title records and evidenced by voter registration, vehicle registration, or similar means. (Ord. 2171 § 3 (Exh. C), 2015; Ord. 1946 § 1, 2005; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.080 “P”.

“Park” means an open space use in which an area is permanently dedicated to recreational, aesthetic, educational or cultural use and generally is characterized by its natural and landscape features. A park may be used for both passive and active forms of recreation; however, its distinctive feature is the opportunity offered for passive recreation such as walking, sitting and watching.

“Park and ride lot” means areas where commuters park private vehicles and either join together in carpools or vanpools, or board public transit at a stop located in the park and ride lot.

“Parking facility” means a surface parking area or parking garage.

“Party of record” means any person, group, association or corporation who has standing to initiate an administrative appeal of a decision on an approval or permit. A party of record is either:

A.    The applicant;

B.    Any person who testified at the public hearing;

C.    Any person who submitted written comments concerning the subject application (excluding persons who have only signed petitions or mechanically produced form letters).

“Person” means any individual, association, firm, partnership, corporation, society, joint stock company, organization, state, all political subdivisions of a state, or legal entity either public or private, or any agents, and assigns of such individual, association, firm, partnership, corporation, society, joint stock company, organization, state, all political subdivisions of a state, or legal entity.

“Physically feasible” means an alternative action or design which can be physically accomplished within the boundaries of the applicant’s property which, to the maximum extent possible, avoids intrusion into critical areas or their buffers; except that utility corridors and roadways should be planned comprehensively to consider their entire route and to avoid intrusions into critical areas or their buffers to the maximum extent possible.

“Planned unit development” means a coordinated development of one or more uses which complies with the requirements of Chapter 12.30 BMC.

“Plant associations of infrequent occurrence” means one or more plant species on a landform type which because of the rarity of the habitat or the species involved or both, or for other botanical or environmental reasons, do not occur frequently in Bothell’s planning area whether in King or Snohomish Counties.

“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 alteration” means a change to a recorded subdivision or final plat. Changes that constitute a plat alteration include increasing the number of lots, relocation of streets, tracts, or any change to a condition of approval.

“Plat, final” means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and BMC Title 15.

“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 Chapter 58.17 RCW and BMC Title 15. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

“Plat, short” means the map or representation of a short subdivision.

“Project permit” means any land use or environmental permit or approval required from the city for a project action, including but not limited to: subdivisions, binding site plans, conditional uses, shoreline substantial development permits, and site plan review.

“Public facilities” include 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. (See RCW 36.70A.040(12).)

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting does not include an open record hearing.

“Public services” include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection and other governmental services. (See RCW 36.70A.040(13).)

“Public works director” means the director of the Bothell public works department and/or his/her designee. (Ord. 2140 § 2 (Exh. B), 2014; Ord. 2110 § 2 (Exh. B), 2013; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.100 “R”.

“RCW” means the Revised Code of Washington.

“Real property” means any fee, leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements thereon and easements, rights and interests appurtenant thereto which by custom, usage, or law pass with a conveyance of land although not described in the contract of sale or instrument of conveyance. “Real property” includes parcels, with or without upper or lower boundaries, and spaces that may be filled with air or water. (RCW 64.34.020(32).)

“Recreation, culture and entertainment uses” means uses which provide physical, emotional and/or intellectual stimulation and diversion.

“Recreation facilities, communal” means places and/or equipment intended for recreational use by many persons, either at once or over a period of time. Communal recreation facilities include but are not limited to sports courts, swimming pools, and decks and patios designed for large gatherings.

“Recreational area” means an open space of approximate size, shape, location and topographic siting to provide landscaping, pedestrian access or opportunity for recreational activities, either in or out of doors, for all the residents of a structure containing dwelling units. Parking areas and driveways are not recreational areas.

“Research and development” means a use engaged in study, testing, design, analysis and/or experimental development of products and processes.

“Residential care facility” means a facility that cares for at least five, but not more than 15, functionally disabled persons, that is not licensed pursuant to Chapter 70.128 RCW.

“Residential use” means the occupancy of permanent living quarters, as opposed to temporary accommodations for travelers, and certain accessory uses to such living quarters.

“Retail uses” means businesses which sell goods, typically in small quantities, to the ultimate consumers.

“Rezone” means an amendment to the city’s official land use map to change the zone classification of an area.

“Risk potential activity” or “risk potential facility,” in accordance with RCW 71.09.020, means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, public libraries, and others identified by the Department of Social and Health Services following the hearings on a potential site required in RCW 71.09.315. For purposes of this chapter, “school bus stops” do not include bus stops established primarily for public transit.

“Roadside stand” means a structure limited to the display and sales of produce or handicrafts grown or made on the premises.

“Roof” means the upper external covering of a building or structure including the frame for supporting the roofing.

“Roof, peaked” means a roof which contains multiple pitched roof planes which combine at a single apex or multiple apexes. Peaked roofs include gable, hip, and other similar roof forms. Flat roofs (less than four in 12 pitch), mansard, shed, and other single-plane roof forms are not peaked.

“Roof pitch” means the vertical amount of rise over a horizontal distance. For example, a four in 12 roof pitch means four feet of vertical rise over a 12-foot horizontal distance.

“Roofing” means a layer of water-resistant materials laid on a roof to shed or drain precipitation.

“Roomer” means a resident of a boardinghouse or roominghouse who is provided lodging, with or without meals, for compensation. (Ord. 2123 § 2 (Exh. B), 2013; Ord. 1980 § 1, 2007; Ord. 1946 § 1, 2005; Ord. 1884 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1685, 1997; Ord. 1628 § 1, 1996).

11.02.110 “S”.

“Scale” means the spatial relationship among structures along a street or block front, including height, bulk and yard relationships.

“Screening” means the partial or total obscuring of view by a continuous fence, wall, evergreen hedge, trees or combination thereof.

“Secure community transition facility” means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative pursuant to Chapter 71.09 RCW. 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 pursuant to RCW 71.09.250 and any community-based facilities established under Chapter 71.09 RCW and operated by the secretary of Social and Health Services or the secretary’s designee or under contract with the secretary.

“Senior and/or disabled family or household” means one or more persons 62 years of age or older and/or disabled persons, and their domestic partners and/or live-in caregivers who need not be 62 years of age or older and/or disabled, who are domiciled together; provided, that the number of individuals occupying the dwelling unit shall not exceed the occupant load of the structure, as calculated under the city’s adopted building code.

“SEPA” means the State Environmental Policy Act, Chapter 43.21C RCW.

“SEPA register” means a list of individuals and organizations which receive SEPA threshold determinations.

“Setback” means the required distances between every structure and the lot lines of the lot on which it is located.

“Sexually-oriented materials” means any books, magazines, periodicals, or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually-oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

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

“Sign.” All definitions pertaining to signs are located in BMC 12.22.020.

“Single-family residence.” See “Dwelling unit, primary, one unit per structure, detached.”

“Site, parent” means a property having a residential zoning classification that allows attached or detached dwelling units where the lot may be subdivided into individual fee simple offspring lots. Parent sites are located exclusively within the R 5,400a, R 4,000, R 2,800, DC, DT, DN, GDC, or R-AC zoning classifications.

“Slope, average” means the value determined by separating the entire parcel into logical zones based on distinctive topographic changes, determining the slope for each of these areas pursuant to the following procedures, and determining the average of these values, weighted by area. For short plats and other non-subdivision single-family development, slopes shall be determined upon the basis of the one-inch-equals-400-feet scale city topographic maps unless the builder or developer chooses to provide more accurately surveyed topography as a basis for calculation. For subdivisions and planned unit developments, average slope will be calculated upon the basis of surveyed topography provided by the applicant.

“Slope, individual” means the value determined by separating the entire parcel into logical areas based on distinctive topographical changes, and determining the slope for each of these areas. Areas measuring less than 700 square feet shall be included in larger adjacent areas. Portions of areas which measure less than 10 feet horizontally shall be merged to form a larger, continuous slope area.

Solar infrastructure. See “Alternative energy infrastructure.”

“Space, loading” means a marked off-street space or berth on the same lot with a building, or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

“Space, parking” means an off-street space used temporarily to park a motor vehicle and having access to a public street or alley. This does not include entrance alleyways or access space to a parking lot. This space does not include area for required circulation.

“Specialized senior housing” means coordinated developments of two or more owned or rented site-built single-family dwellings, mobile homes, apartments and/or condominiums which contain specialized design features and/or on-site services and activities to accommodate the mobility, nutrition, medical, social and/or other needs of persons 62 years of age or older and/or disabled persons. Domestic partners of and/or caregivers for such persons may also reside in such developments and need not be 62 years of age or older and/or disabled. Individual residences which contain design features to aid mobility but which are not part of a coordinated development are not included in this definition.

“Specialized senior housing dwelling unit” means a room or rooms located within a senior housing development designed, arranged, occupied or intended to be occupied by not more than one senior and/or disabled family or household as living accommodations separate from other households, except that specialized senior housing dwelling units need not contain food preparation facilities and areas within the room or rooms.

“Specified anatomical areas” means and includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” means and includes any of the following: (1) acts of human masturbation, actual or simulated; (2) sex acts, normal or perverted, actual or simulated, including sexual intercourse, oral copulation, or sodomy; (3) caressing, fondling, or other erotic touching of human genitals, pubic region, anus, buttocks, or female breast; (4) human genitals in a state of sexual stimulation or arousal; or (5) excretory functions as part of or in connection with, any of the sexual activities specified in this definition.

“Start of construction” means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

“Steep slopes” means any ground that has a grade of 15 percent or more. A slope is delineated by establishing its toe and top. The “toe of a steep slope” is the lowermost limit of the area where the ground surface begins to achieve a grade of 15 percent or more. The “top of a steep slope” is that point where slopes begin to incline at less than 15 percent.

“Stop work order” means an order issued by the city to immediately cease all construction, excavation, grading, building, and other unauthorized activity occurring on a site.

“Storage, incidental outside” means the stockpiling, warehousing, or other storage of any material, equipment or object which is incidental to the activities regularly conducted on the premises, not exceeding five percent of the gross floor area of the principal structure on the site, which is screened on sides and top and located in such a manner so as to harmonize with the architecture, design, and appearance of neighboring structures and other surroundings.

“Storage, outside” means the stockpiling, warehousing or other storage of any material, equipment or object, excluding construction materials for reasonable periods as needed during construction, which is not completely enclosed by a structure, excluding incidental outside storage.

“Storm water regional retention/detention facility” means a surface water control structure proposed by a public surface water management agency or a project proponent to be installed in or adjacent to a stream or wetland of a basin or subbasin, to provide surface/storm water control to a greater area than a single project.

“Storm water retention/detention facility” means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground; or to hold runoff for a short period of time and then release it to the surface and storm water management system.

“Story” means that portion of a building between the upper surface of any floor and the upper surface of any floor located above, except that the highest story is that portion of the structure between the highest floor surface and the ceiling or roof located above.

“Street” means a public or private thoroughfare which affords the principal means of access to abutting properties.

“Structure” means a combination of materials constructed or erected which has permanent location on the ground or attached to something having permanent location on the ground, not to include fences less than six feet high, or paved areas, but which does include a gas or liquid storage tank that is principally above ground.

“Subarea” means a geographical subdivision of the city of Bothell for comprehensive planning and zoning purposes.

“Subdivider” means an owner or an owner’s agent who undertakes the subdivision of land as set forth in BMC Title 15.

“Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, development or financing, except for short subdivisions and boundary line adjustments.

“Subdivision, clustered” means a subdivision which clusters the development into a smaller overall disturbance area by reducing lot size and lot dimensions thereby creating lands which can be preserved as open space.

“Substantial development” means any development of which the total cost or fair market value exceeds $2,500, or any development which materially interferes with the normal public use of the water or shorelines of the state as defined under the Bothell shorelines master program.

“Substantial improvement” means any repair, reconstruction or improvement of a structure, the total cost or fair market value of which exceeds 50 percent of the market value of the structure either:

A.    Before the improvement or repair is started; or

B.    If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

1.    Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

2.    Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, or the Bothell Register of Historic Landmarks.

The term “substantial improvement” does not mean the same as the term “substantial development” as utilized in BMC Title 13, Shoreline Management. See shorelines master program glossary. (Ord. 2221 § 2 (Exh. B), 2017; Ord. 2123 § 2 (Exh. B), 2013; Ord. 2107 § 2 (Exh. B), 2012; Ord. 1946 § 1, 2005; Ord. 1907 § 1, 2003; Ord. 1884 § 1, 2002; Ord. 1815 § 1, 2000; Ord. 1805 § 4, 2000; Ord. 1697 § 3, 1996; Ord. 1691 § 1, 1997; Ord. 1685, 1997; Ord. 1628 § 1, 1996).

11.02.120 “T”.

“Temporary use” means an activity which lasts for a limited time.

“Townhouse” means a duplex or multifamily structure of two or three stories, not counting a basement, in which the dwelling units share common walls and have separate entrances.

“Tract” means a lot, usually several acres in area. With reference to critical areas and their buffers in proposals for new construction, subdivisions, planned unit developments, or binding site plans to which they apply, “tract” refers to a legally platted critical area parcel which is required to be recorded on all documents of title of record for all affected lots in a residential development proposal.

“Trailer” means every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle.

“Transit shelter” means a small roofed structure which provides partial protection from the elements for persons waiting for buses, trains or other transit vehicles.

“Transit station” means more than one transit shelter in one location, or one large shelter, typically serving several transit routes and/or modes of transit, and which may or may not incorporate accessory convenience retail and service establishments. (Ord. 1946 § 1, 2005; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.130 “U”.

“Urban growth” means growth that makes intensive use of land for the location of buildings, structures and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources.

“Urban growth areas” means those areas designated by a county pursuant to RCW 36.70A.110.

“Use” or “land use” means an activity occurring on an area of land.

“Use, accessory” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use.

“Use, conditional” means a use requiring approval by a permit under the criteria in Chapter 12.28 BMC.

“Use, essential” means that use for the preservation or promotion of which the use zone was created, and to which all other permitted uses are subordinate.

“Use, nonconforming.” See “Nonconforming use.”

“Use, permitted” means any use authorized or permitted alone or in conjunction with another use in a specified zone and subject to the limitations of the regulations of such zone.

“Use, primary or principal” means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed.

“Use, secondary, incidental or accessory” means a minor or secondary use for which a lot, structure or building is designed or employed in conjunction with, but subordinate to its primary use.

“Utilities” means electrical, natural gas, potable water, storm water, waste water and telecommunications conveyance, collection and distribution systems. (Ord. 1946 § 1, 2005; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.140 “V”.

“Variance” means an authorization to depart from the development regulations contained in BMC Title 12, Zoning, which authorization is subject to the requirements of Chapter 12.36 BMC.

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

“Vehicle” means a piece of equipment, with or without motive power, used to carry or transport persons or things.

“Vehicle, heavy” means a vehicle capable of carrying large loads, having more than two axles, and is classified by the manufacturer as having a gross vehicle weight of 20,000 pounds or more. Heavy vehicles include, but are not limited to, dump trucks and trailers, semi-tractors and trailers, buses, and other heavy transport vehicles.

“Vehicle, motor” means automobiles, vans, light trucks, boats, watercraft, and motorcycles.

“Vehicle, recreational” means a vehicle intended to provide temporary overnight accommodations for recreational purposes. Recreational vehicles may also contain cooking facilities.

“Vendor cart” means a small nonmotorized wheeled vehicle maneuverable by one person on foot, from which food, beverages, or other goods are sold.

“Vendor, ice cream” means a vehicle, motorized or not, that sells only prepackaged frozen goods and is exempt from county health department licensing, but must have Washington State and city of Bothell business licenses prominently displayed.

“Vendor stand” means a small structure capable of accommodating no more than three persons inside at any one time, from which food, beverages or other goods are sold.

“Vendor truck” means a motorized vehicle, or trailer pulled by a motorized vehicle, from which food, beverages or other goods are sold. Ice cream trucks that only sell prepackaged frozen foods are exempt from this definition and are allowed, with Washington State and city of Bothell business permits prominently displayed, in all zones.

“View corridor” means scenic views of natural and built areas and features, including, but not limited to: tree-covered hillsides; the “feathered edge” along ridgelines surrounding the city; views of the built environment which contain significant architectural or historical features; natural features such as lakes, rivers, streams or mountains; and area of landscaping of local or regional significance; or a public art work.

“Violation” means the breach of any provision of this title or of the administrative rules promulgated thereunder, or of any permit, approval or stop work order or any other order issued pursuant thereto. (Ord. 2152 § 2 (Exh. B), 2014; Ord. 1946 § 1, 2005; Ord. 1853 § 1, 2001; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.150 “W”.

“WAC” means the Washington Administrative Code.

Wind infrastructure. See “Alternative energy infrastructure.”

“Wireless communication facility” or “WCF” means any unstaffed facility for the transmission and/or reception of wireless communications, including any of the technologies 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), and paging. (Ord. 2110 § 2 (Exh. B), 2013; Ord. 2107 § 2 (Exh. B), 2012; Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.170 “Y”.

“Yard” means an unoccupied space open to the sky, on the same lot with a building or structure.

“Yard, front” means an open space abutting a street, access easement or tract, extending across the full width or length of the lot, the required depth of which shall be measured horizontally and at right angles from the front lot line to a line parallel thereto on the lot.

“Yard, rear” means an open space extending across the full width of the lot between the principal building and the rear lot line. The depth of the rear yard shall be measured horizontally at right angles from the nearest point of the rear lot line towards the nearest part of the principal building.

“Yard, side” means an open space between the principal building and side lot line extending from the front yard to the rear yard. The width of the side yard shall be measured horizontally and at right angles from the nearest point of a side lot line towards the nearest part of the principal building. (Ord. 1946 § 1, 2005; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).

11.02.180 “Z”.

“Zero lot line development” means a development in which structures are permitted to be located on a lot line without any setback.

“Zoning classification” means a designation assigned to one or more properties which prescribes allowed uses and development and operating standards for those uses. (Ord. 1946 § 1, 2005; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).