Chapter 19.12 DEFINITIONS

In addition to the definitions in BMC 1.01.060 and 1.01.070, the definitions set forth in this chapter are to be used in construing the Buckley zoning code. (Ord. 04-16 § 2, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981).

19.12.020 Abandonment.

“Abandonment” means to cease operation for a period of 180 or more consecutive days. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.015).

19.12.025 Accessory dwelling unit.

“Accessory dwelling unit” means 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. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.030 Accessory building or use.

“Accessory building or use” means a use or structure which is incidental and subordinate to a principal use; provided, that such use or structure shall be located on the same lot as the principal use or structure. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.020).

19.12.035 Adult day care.

“Adult day care” is a supervised daytime provider giving core services as defined in WAC 388-106-0800. Core services are appropriate for adults with medical or disabling conditions that do not require the intervention or services of a registered nurse or licensed rehabilitative therapist acting under the supervision of the client’s physician. The adult day care center must offer and provide on-site core services as required by DSHS. These core services must meet the level of care needed by the client as assessed by DSHS and do not exceed the scope of services that the adult day care center is able to provide. (Ord. 17-14 § 1, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 41-97 § 1, 1997. Formerly 19.12.021).

19.12.040 Adult family home.

“Adult family home” means a residence in which a person or persons provide personal care, special care, room, and board to a maximum number as specified in the state code under a license issued by the Washington State Department of Social and Health Services pursuant to Chapter 70.128 RCW. (Ord. 17-14 § 2, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 41-97 § 2, 1997. Formerly 19.12.025).

19.12.043 Affordable housing.

“Affordable housing” means units to be sold or rented to families earning 80 percent or less of the Pierce County median income, adjusted for family size, as determined by the U.S. Department of Housing and Urban Development. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.044 Agricultural production.

“Agricultural production” means the manufacturing, planting, cultivating, growing, or harvesting a plant or animal; provided, that slaughtering, butchering, and rendering is not considered agricultural production. Marijuana producing is not considered agricultural production. (Ord. 22-15 § 1, 2015).

19.12.044.1 Agriculture.

“Agriculture” means commercial cultivation of land for agricultural products, vineyards, gardening, and fruit growing, and includes industrial cannabis (hemp). (Ord. 22-15 § 1, 2015).

19.12.045 Alley.

“Alley” means a public way which provides a secondary means of access to abutting property. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.030).

19.12.050 Antenna.

“Antenna” means any exterior apparatus designed for telephonic, radio, data, Internet, or television communication through the sending and/or receiving of radio frequency signals including, but not limited to, equipment attached to a tower, utility pole, building or other structure for the purpose of providing wireless services. (Ord. 11-19 § 3, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.031).

19.12.055 Antenna height.

“Antenna height” means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure, even if said highest point is an antenna. Measurement of tower height shall include the antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the lowest point of the structure’s footprint shall be used in calculating the antenna height. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.032).

19.12.060 Antenna support structure.

“Antenna support structure” means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.033).

19.12.065 Applicant.

“Applicant” means any person, partnership, company, or other entity who files an application for permit. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.034).

19.12.070 Assisted living facility.

“Assisted living facility” means a state-licensed multi-unit establishment which provides living quarters and a variety of limited personal care and at least a minimal amount of supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent center or nursing home. Supportive health care may include health care monitoring, such as assistance with medication, but is limited to health care services which may be provided by a boarding home. These facilities may consist of individual dwelling units with a full kitchen, partial kitchen or no kitchen. In addition, these facilities may have a communal dining area, recreational facilities (library, lounge, game room, open space), and/or laundry facilities. Assisted living facilities do not include adult family homes. For purposes of density calculations, for assisted living facilities with shared kitchen facilities, every three bedrooms shall be construed as one dwelling unit. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999; Ord. 41-97 § 3, 1997. Formerly 19.12.035).

19.12.075 Auto rebuild.

“Auto rebuild” means a business which is involved in the repair, reconstruction, or replacement of parts, engines, body work or equipment upon automobiles, trucks, motorcycles or other motorized vehicles. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999; Ord. 21-89 § 2, 1989. Formerly 19.12.037).

19.12.080 Auto recycling.

“Auto recycling” means a business which is involved in the dismantling, salvage or removal of parts, body work, engines, or equipment, and the subsequent sale thereof, from automobiles, trucks, motorcycles or other motorized vehicles, where such dismantling, salvage or removal is performed as a complete and continuous act, and shall not include the piece-by-piece sale of parts, body work, engines or equipment from vehicles stored upon the business premises or operated as a “junkyard” as defined in this chapter. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999; Ord. 21-89 § 3, 1989. Formerly 19.12.038).

19.12.085 Basement.

“Basement” means that portion of a building between floor and ceiling which is partly below and partly above the grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.040).

19.12.090 Block.

“Block” means all property abutting upon one side of a street between intersecting or intercepting platted streets or between a platted street and a railroad right-of-way, waterway or city boundary line; provided, that the above definition does not apply to a given set of property; a block shall then be defined as one-sixteenth of a section length. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.050).

19.12.095 Boarding, lodging or rooming house.

“Boarding, lodging or rooming house” means a residence, or portion thereof, occupied by the owner or operator, other than a hotel or motel, where for compensation lodging, with or without meals, is provided for up to six persons, not including members of the owner’s, occupant’s or tenant occupant’s family. Boarding, lodging or rooming houses do not include accessory dwelling units. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.100 Building.

“Building” means any structure for the support, shelter or enclosure of animals, persons, mechanical devices or chattels, or property of any kind, and constructed under one roof. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.060).

19.12.105 Building height.

“Building height” means that definition for building height listed within the most current version of the International Building Code (IBC) as adopted by the city. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.070).

19.12.110 Building, residential or residence.

“Residence” or “residential building” means a building or structure, or any portion thereof, which is occupied or intended to be occupied for sleeping or living purposes by human beings, but not including motels or hotels. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.080).

19.12.115 Bulk.

“Bulk” means the size and location of buildings and structures in relation to the lot and includes maximum height of buildings, minimum lot area, minimum front, side and rear yards and maximum lot coverage. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.090).

19.12.120 Cabaret.

Repealed by Ord. 34-19. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.100).

19.12.123 Camouflaged tower or antenna.

“Camouflaged tower or antenna” means personal wireless towers and/or antennas disguised as or located within manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that effectively camouflage or conceal the presence of the antennas or towers. Paint and/or color shall not be sufficient by itself to qualify as camouflage unless the paint and/or color provides approximately as much camouflage as an alternative design mounting structure. (Ord. 01-13 § 2, 2013).

19.12.125 Cargo container.

“Cargo container” means a standardized, reusable vessel that was:

(1) Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or

(2) Designed for or capable of being mounted or moved on a rail car; and/or

(3) Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.130 Carport.

“Carport” means a private roofed garage which is open to the weather on at least 40 percent of the total area of its sides. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.110).

19.12.135 Church.

Repealed by Ord. 01-13. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.120).

19.12.140 Club.

“Club” means a building used for the social, civic or recreational activities of a private nonprofit association of persons and their guests. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.130).

19.12.143 Collocation.

“Collocation” means (1) mounting or installing an antenna facility on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. (Ord. 11-19 § 3, 2019).

19.12.145 Conditional use.

“Conditional use” means a use listed among those classified in any given zone but permitted to locate in that zone only after a review by the appropriate city-designated official and the granting of a conditional use permit imposing such design and performance standards as will make the use compatible with other permitted uses in the same vicinity and assure against imposing excessive demands upon public utilities. (Ord. 06-16 § 13, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.140).

19.12.147 Contractor yards.

“Contractor yards” means a service establishment primarily engaged in general contracting or subcontracting in the construction trades, and may include workshops and the indoor or outdoor storage of tools, equipment, materials and vehicles. (Ord. 14-17 § 1, 2017).

19.12.150 Cottage housing development.

“Cottage housing development” means a residential development consisting of clusters in accordance to the regulations in Chapter 19.24 BMC. (Ord. 34-19 § 4, 2019; Ord. 22-08 § 1 (Exh. A), 2008).

19.12.151 Day care, child day care center.

“Child day care center” means a child care provider that regularly provides early childhood education, and/or early learning services for a group of children for periods of less than 24 hours. To ascertain distances to day care centers from marijuana facilities, the definition in WAC 314-55-010(4) shall be used. (Ord. 19-17 § 2, 2017; Ord. 17-14 § 3, 2014).

19.12.152 Day care, child day care provider.

“Child day care” or “child day care provider” means provision of supplemental parental care and supervision:

(1) For a nonrelated child or children;

(2) On a regular basis;

(3) For less than 24 hours a day; and

(4) Under license by the Washington State Department of Social and Health Services.

(5) As used in this title, the term is not intended to include babysitting services of a casual, nonrecurring nature or in the child’s own home. Likewise, the term is not intended to include cooperative child care by a group of parents in their respective homes. (Ord. 17-14 § 5, 2014).

19.12.153 Day care, family day care home.

“Family day care home” means a child care provider who regularly provides early childhood education and early learning services for not more than 12 children in the provider’s home. (Ord. 17-14 § 4, 2014).

19.12.154 Designated official.

“Designated official” shall be that person or entity designated by the BMC to have the authority to make a specified decision or action. The authority of a designated official will often be specified in BMC Title 20. (Ord. 13-19 § 3, 2019; Ord. 06-06 § 14, 2016).

19.12.154.1 Director.

“Director” means the planning director or his/her designee. (Ord. 11-19 § 3, 2019).

19.12.155 Dwelling, caretaker’s.

“Caretaker’s dwelling” means a dwelling unit, located inside a principal building on the lot, which is designed for and used exclusively by the property owner or by another person and his or her family, employed to provide security or custodial services for a commercial or industrial use on the same lot. Caretaker’s dwelling units may be allowed by the appropriate city-designated official subject to the performance regulations for conditional use permits, and to the following additional requirements:

(1) The dwelling unit shall only be allowed as an accessory use to the principal use(s) permitted in the zone;

(2) The dwelling unit shall be located inside the principal building on the property. The appearance of the building shall remain commercial or industrial;

(3) That portion of the principal building containing the dwelling unit shall observe a minimum setback of eight feet from property lines;

(4) Only one caretaker’s dwelling shall be allowed on the site or lot;

(5) The caretaker’s dwelling shall be removed upon a change in the use or ownership of the property. (Ord. 06-16 § 15, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1-97 § 1, 1997. Formerly 19.12.145).

19.12.160 Dwelling, multiple-family.

“Multiple-family dwelling” means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units, as well as townhomes. (Ord. 02-22 § 5, 2022; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.150).

19.12.165 Dwelling, single-family.

“Single-family dwelling” means a building designed or used by one family for residential purposes. (Ord. 34-19 § 5, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 01-03 § 1, 2003; Ord. 40-97 § 1, 1997; Ord. 1020 § 2, 1981. Formerly 19.12.160).

19.12.170 Dwelling, temporary.

“Temporary dwelling” is as defined in BMC 16.10.005. (Ord. 34-19 § 6, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 8-84 § 1, 1984. Formerly 19.12.165).

19.12.175 Dwelling, townhome.

“Townhome dwelling” means a type of attached multifamily dwelling in a row of at least two, but not more than four, such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.180 Dwelling, two-family or duplex.

“Two-family dwelling” or “duplex” means a building designed or used by two families for residential purposes; provided, two townhome units are not considered a duplex. (Ord. 04-16 § 3, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.170).

19.12.185 Dwelling unit.

“Dwelling unit” means one or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the unit for the exclusive use of a single family maintaining a household. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.190 Ecological footprint.

“Ecological footprint” means a measure of human demand on nature that compares the consumption of natural resources with the Earth’s ecological capacity to regenerate them. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.195 EIA.

“EIA” means the Electronics Industry Association. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.171).

19.12.196 Electric vehicles, stations, and infrastructure.

(1) “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” includes a battery electric vehicle, a plug-in hybrid electric vehicle, a neighborhood electric vehicle, and a medium-speed electric vehicle.

(a) “Battery electric vehicle” or “BEV” means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating.

(b) “Plug-in hybrid electric vehicle” or “PHEV” means an electric vehicle that:

(i) Contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor;

(ii) Charges its battery primarily by connecting to the grid or other off-board electrical source;

(iii) May additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and

(iv) Has the ability to travel powered by electricity.

(c) “Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.

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

(2) “Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.

(a) “Electric vehicle charging station – restricted” means an electric vehicle charging station that is:

(i) Privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking); or

(ii) Publicly owned and restricted (e.g., fleet parking with no access to the general public).

(b) “Electric vehicle charging station – public” means an electric vehicle charging station that is:

(i) Publicly owned and publicly available (e.g., park and ride parking, public library parking lot, on-street parking); or

(ii) Privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots).

(c) “Electric vehicle charging station – accessible” means an electric vehicle charging station that has been sized, designed and located consistent with Americans with Disabilities Act (ADA) requirements for persons with disabilities.

(3) “Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

(4) “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 to distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults. (Ord. 34-19 § 7, 2019).

19.12.197 Employee.

“Employee” means a full- or part-time participant, resident or nonresident, in a business activity. (Ord. 17-14 § 7, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004. Formerly 19.32.020).

19.12.200 Equipment enclosure.

“Equipment enclosure” means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.177).

19.12.205 FAA.

“FAA” means the Federal Aviation Administration. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.178).

19.12.210 Facade, building.

“Building facade” means the external architectural features of the front of the building as can be seen from the public right-of-way. This definition does not include building materials or color choices but strictly applies to the architectural features of a building. Furthermore, two separate building facades will be deemed to be identical if they are mirror images of each other. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.215 Family.

“Family” means an individual or a group of two or more individuals related by blood, marriage, or adoption, together with not more than two additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit; or not more than five persons who are not related by blood or marriage or adoption, living together as a single housekeeping unit. People residing in group homes or adult family homes shall not be considered “family” under this definition. (Ord. 34-19 § 8, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.180).

19.12.220 FCC.

“FCC” or “Federal Communications Commission” shall be as defined in BMC 13.35.040. (Ord. 11-19 § 3, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.183).

19.12.225 Fence.

“Fence” means any structure built for the purpose of separating, screening, or enclosing sections of property. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.190).

19.12.230 Floor area.

“Floor area” means the total gross area of all floors of all buildings on a lot or building site, as measured to the outside surface of exterior walls or the centerline of walls separating buildings on different lots, excluding crawlspaces, garages, carports, breezeways, attics used solely for storage, open porches, balconies, and terraces. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.200).

19.12.235 Garage, private.

“Private garage” means an accessory building or an accessory portion attached to the principal building designed or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.210).

19.12.240 Grade.

“Grade” means the lowest point of elevation of the finished surface of the ground between a structure and a point five feet distant from said structure, or the lowest point of elevation of the finished surface of the ground between the structure and the property line if it is less than five feet distant from said structure. In cases where the structures are parallel to and within five feet of a public sidewalk, alley or public way, the ground shall be the mean elevation of the sidewalk, alley or public way. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.220).

19.12.242 Grooming parlor.

“Grooming parlor” or “pet grooming parlor” shall be as defined in BMC 9.10.020. (Ord. 34-19 § 9, 2019).

19.12.243 Group home.

“Group home” means a place for persons with mental and physical handicaps, or dependent or predelinquent children, providing special care in a homelike environment and required to be permitted in all districts in which single-family homes are permitted by the United States Fair Housing Act and RCW 35A.63.240, Washington Housing Policy. Group care facilities shall be limited to eight or fewer residents unless the applicant establishes that state or federal law requires more. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.244 Headquarters.

“Headquarters” means a business operation where employees come to the site at any time. (Ord. 17-14 § 7, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004. Formerly 19.32.020).

19.12.245 Home occupation.

“Home occupation” means an accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services.

(1) Home Occupation, Type A. “Type A” or “minor” home occupations are compatible with the neighborhoods in which they are located and cause no impact greater than that generally associated with a single-family residence. Bed and breakfast establishments that contain no more than two rooms for rent and family day care homes shall be considered minor home occupations.

(2) Home Occupation, Type B. “Type B” or “major” home occupations cause some effect greater than that generally associated with a single residence and require some action or conditions to reduce those effects. (Ord. 17-14 § 6, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 12-98 § 1, 1998; Ord. 6-88 § 1, 1988; Ord. 1020 § 2, 1981. Formerly 19.12.230).

19.12.250 Hotel.

Repealed by Ord. 34-19. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.240).

19.12.265 Kennel.

“Kennel” shall be as defined in BMC 9.10.020. (Ord. 34-19 § 11, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.270).

19.12.270 Kitchen.

“Kitchen” means any room or rooms, or portion thereof, used or intended or designed to be used for cooking or the preparation of food. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.280).

19.12.273 Library.

“Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation. (Ord. 19-17 § 3, 2017).

19.12.275 Lot.

“Lot” means a parcel of land that is described by reference to a recorded plat, by metes and bounds, or by section, township, and range. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.290).

19.12.280 Lot area.

“Lot area” means the total horizontal area within the boundary lines of a lot and exclusive of street rights-of-way or street easements. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.300).

19.12.285 Lot, corner.

A “corner lot” means a lot situated at the intersection of two or more streets, the street frontages of said lot forming an angle not greater than 135 degrees and not less than 45 degrees. Those lot lines on a corner lot not considered the front lot line or the street side (corner yard) lot line are to be considered side lot lines. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.310).

19.12.290 Lot coverage.

“Lot coverage” is that portion of a lot covered by a structure or structures. Coverage requirements shall be subject to all open space special requirements. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.320).

19.12.295 Lot depth.

“Lot depth” means:

(1) If the front and rear lot lines are parallel, the shortest distance between such lines.

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

(3) For lots without rear lot lines, lot depth shall be determined by the director. (Ord. 27-16 § 2, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.330).

19.12.300 Lot, flag.

“Flag lot” means an approved lot which does not abut a public street other than by its driveway which affords access to the lot. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.340).

19.12.305 Lot, interior.

“Interior lot” means a lot other than a corner lot with frontage on only one street. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.350).

19.12.310 Lot, through or double-frontage lot.

“Through lot” or “double-frontage lot” means a lot other than a corner lot with frontage on more than one street. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.360).

19.12.315 Lot line, front.

“Front lot line” means the boundary of a lot which abuts a public street right-of-way or private ingress and/or egress easement.

(1) On a corner lot, the front lot line shall be the lot line providing principal access from the adjacent street; however, all sides adjacent to a street shall meet front yard requirements.

(2) When a lot contains more than one front lot line, the remaining lot lines shall be side lot lines. (Ord. 02-18 § 3, 2018; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.370).

19.12.320 Lot line, rear.

“Rear lot line” means a lot line which is opposite and most distant from the front lot line and/or is parallel or within 45 degrees of being parallel to and does not intersect any street line bounding such lot. (Ord. 02-18 § 4, 2018; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.380).

19.12.325 Lot line, side.

“Side lot line” means any lot boundary line not a front lot line or a rear lot line. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.390).

19.12.330 Lot width.

“Lot width” means the horizontal distance of a lot, measured at right angles to its depth along a straight line at the minimum required front setback line. (Ord. 27-16 § 3, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.400).

19.12.335 Manufactured home (also see mobile home).

“Manufactured home” shall be as defined in BMC 16.40.020. (Ord. 34-19 § 12, 2019; Ord. 09-14 § 2, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 40-97 § 2, 1997. Formerly 19.12.405).

19.12.340 Manufactured home park or MHP.

“Manufactured home park” or “MHP” means a site that is occupied or designed for occupancy by two or more manufactured homes. (Ord. 09-14 § 3, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 40-97 § 3, 1997; Ord. 1020 § 2, 1981. Formerly 19.12.410).

19.12.341 Marijuana.

“Marijuana” means a substance as defined in RCW 69.50.101(t), and excludes hemp. (Ord. 22-15 § 1, 2015).

19.12.342 Marijuana, industrial, or hemp.

“Marijuana, industrial, or hemp” means those Cannabis sativa plant types intended for agricultural and industrial purposes. Although marijuana is also derived from the Cannabis sativa plant, industrial hemp is readily distinguishable from marijuana with respect to:

(1) The types and percentages of organic compounds it contains;

(2) Its agricultural, industrial, and pharmaceutical uses; and

(3) Its observable physical characteristics.

For legal purposes, the key factors in distinguishing the two plants are the amounts of delta-9 tetrahydrocannabinol (THC) and cannabinoids each contains, with the THC level being the most important measure. Tetrahydrocannabinol is a psychoactive, organic compound that in sufficient concentrations will cause intoxication in humans.

Industrial hemp has very low levels of THC and, thus, does not have psychoactive effects or cause intoxication. Throughout most of the world, the legal definition of industrial hemp includes the requirement that the plant contain no more than 0.3 percent THC. Marijuana, by contrast, has much higher concentrations of THC, ranging anywhere from five to 25 percent. (Ord. 22-15 § 1, 2015).

19.12.343 Marijuana manufacture.

“Marijuana manufacture” is as defined in RCW 69.50.101(s). (Ord. 22-15 § 1, 2015).

19.12.344 Marijuana processor.

“Marijuana processor” is as defined in RCW 69.50.101(v). (Ord. 22-15 § 1, 2015).

19.12.344.1 Marijuana producer.

“Marijuana producer” is as defined in RCW 69.50.101(w). (Ord. 22-15 § 1, 2015).

19.12.344.2 Marijuana production.

“Marijuana production” means manufacturing, planting, cultivating, growing or harvesting marijuana and does not include marijuana produced in marijuana cooperative as authorized by 2SSB 5052 and also does not include “marijuana, industrial, or hemp.” (Ord. 22-15 § 1, 2015).

19.12.344.3 Marijuana retailer.

“Marijuana retailer” is as defined in RCW 69.50.101(y). (Ord. 22-15 § 1, 2015).

19.12.344.4 Medical marijuana.

“Medical marijuana” or “medical cannabis” means the medical use of marijuana as defined in RCW 69.51A.010(3). (Ord. 22-15 § 1, 2015).

19.12.344.5 Medical marijuana cooperatives.

“Medical marijuana cooperatives” means the private medical marijuana gardens authorized by Section 26 of 2SSB 5052 for qualifying patients to grow plants in a home to use for medical conditions. (Ord. 22-15 § 1, 2015).

19.12.345 Mobile home.

“Mobile home” shall be as defined in BMC 16.40.020. (Ord. 34-19 § 13, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 40-97 § 4, 1997; Ord. 1020 § 2, 1981. Formerly 19.12.420).

19.12.350 Modification.

“Modification” means the changing of any portion of a personal wireless service facility from its description in a previously approved permit. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.425).

19.12.355 Motel/hotel.

(1) “Motel” means a building or a group of buildings containing individual sleeping units where such units open individually and directly to the outside and where a majority of said units are designed for or occupied by transients.

(2) “Hotel” means a building containing individual sleeping units that have at least one entrance to the outdoors and common hallways to each room.

(3) “Apartment hotel” is a hotel that offers long-term rooming accommodations, for example by the week or month. (Ord. 34-19 § 14, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.430).

19.12.356 Motor vehicle recycling and rebuilding establishments.

“Motor vehicle recycling and rebuilding establishments” means establishments that specialize in dismantling motor vehicles for the purpose of salvaging their parts, or specializing in the salvage and recycling of already dismantled motor vehicle parts, and/or establishments that specialize in the total or near-total rebuilding of motor vehicles, rather than just repairing, replacing or maintaining specific parts. (Ord. 02-22 § 6, 2022).

19.12.357 Motor vehicle repair establishments.

“Motor vehicle repair establishments” means establishments that specialize in repairing and/or maintaining motor vehicle parts but do not conduct total or near-total rebuilding of motor vehicles. (Ord. 02-22 § 6, 2022).

19.12.358 Motor vehicle sales and service establishments.

“Motor vehicle sales and service establishments” means establishments that specialize in selling new or used motor vehicles and may also conduct maintenance and service of motor vehicles. (Ord. 02-22 § 6, 2022).

19.12.360 Mount.

“Mount” means the structure or surface upon which personal wireless service facilities are mounted. There are three types of mounts:

(1) Building-mounted: a personal wireless service facility mount fixed to the roof or side of a building.

(2) Ground-mounted: a personal wireless service facility mount fixed to the ground, such as a tower.

(3) Structure-mounted: a personal wireless service facility fixed to a structure other than a building, such as light standards, utility poles, and bridges. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.435).

19.12.365 Nonconforming structure or nonconforming use.

“Nonconforming structure” or “nonconforming use” means a use or structure lawfully existing on the effective date of the ordinance codified in this title which does not conform to a provision of this title. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.440).

19.12.367 Normal deliveries.

“Normal deliveries” means the home occupation shall not involve the use, parking, or storage of any vehicle exceeding a gross vehicle weight of 11,000 pounds except deliveries by parcel post, United Parcel Service, or similar commercial in-town delivery service trucks. These deliveries or pick-ups of supplies or products associated with business activities are allowed at the home only between 7:00 a.m. and 6:00 p.m. and are limited to no more than two trips per day. (Ord. 17-14 § 7, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004. Formerly 19.32.020).

19.12.370 Noxious matter.

“Noxious matter” means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.450).

19.12.375 Nursing home or rehabilitation center.

“Nursing home” or “rehabilitation center” means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity are unable properly to care for themselves (see RCW 18.51.010). (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 41-97 § 4, 1997. Formerly 19.12.455).

19.12.380 Open space.

“Open space” means that part of a zoning lot, or any number of lots or portions thereof, brought together under one development plan for the entire parcel, other than required yards, which:

(1) Is free and clear of buildings, structures and paved areas used for automobile parking or vehicular access and is to remain open and unobstructed from the ground to the sky;

(2) Is accessible (and made available at all times) to all persons occupying a dwelling unit of the structures located on the lot;

(3) Has a minimal uninterrupted horizontal dimension in all directions greater than 20 feet;

(4) Limits paved areas in any required open space to five percent or less of the total square footage of the open space, and shall be located in only one section of the same.

Low impact development facilities, tennis, basketball and other recreational courts may be considered in calculating open space square footage requirements. (Ord. 15-17 § 1, 2017; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.460).

19.12.385 Owner.

“Owner” means the owner of record, as determined by the records of the county auditor; provided, that the owner under a real estate contract is the purchaser/vendee and the owner of mortgaged property or property subject to a deed of trust is the mortgagor or grantor as the case may be. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.470).

19.12.387 Park.

“Park” means all parks, squares, greenways, parkways, grounds or other areas devoted to purposes of play, recreation and pleasure.

(1) Public parks are for the general public and are maintained, owned, and/or managed by a city, county, state, federal government, or metropolitan park district.

(2) Private parks are for members only as determined by the owner and maintained, owned, or managed by a private entity, sometimes for profit. (Ord. 19-17 § 5, 2017).

19.12.390 Parking area, private.

“Private parking area” means an open area other than a street, alley or other public property limited to the parking of automobiles of occupants or employees of uses to which these facilities are appurtenant. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.480).

19.12.395 Parking area, public.

“Public parking area” means an open area other than a street or alley, whether privately or publicly owned, which is used for the parking of more than four automobiles and is available to the public. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.490).

19.12.400 Parking, off-street.

“Off-street parking” means any space, whether or not required by the provisions of this title, specifically allotted to the parking of motor vehicles as an accessory use. For the purpose of this title, said space shall not be located in a dedicated right-of-way, a travel lane, a service drive, nor any easement for public ingress or egress so as to block access. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.500).

19.12.405 Parking space.

“Parking space” means a designated off-street area which is available and usable for the parking of one motor vehicle and shall have a minimum size of 10 feet by 20 feet, plus suitable area for ingress and egress. All businesses and multifamily dwellings shall have each parking space clearly marked and designated. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.510).

19.12.410 Parking space – Recreational vehicle.

“Recreational vehicle parking space” means a parking space of sufficient size to park most recreational vehicles. The parking space shall have a minimum size of 12 feet by 30 feet, plus suitable area for ingress and egress. The recreational vehicle parking space need not be specially designated. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 12-85 § 1, 1985. Formerly 19.12.515).

19.12.415 Parking space – Senior citizen housing.

Senior citizen housing shall have a minimum of 1.5 parking spaces per dwelling unit. At least 15 percent of parking spaces shall be recreational vehicle parking spaces. Parking spaces designated for handicapped persons may not be used to satisfy the recreational vehicle parking space requirement. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 12-85 § 2, 1985. Formerly 19.12.517).

19.12.420 Person.

“Person” means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government or any other group or combination acting as a unit. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.520).

19.12.425 Personal wireless service, personal wireless service facilities and facilities.

“Personal wireless service,” “personal wireless service facilities” and “facilities,” as used in this chapter, shall be defined in the same manner as in Title 47, USC, Section 332(c)(7)(C), as they may be amended now or in the future, and includes facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio, and any other wireless services licensed by the FCC as well as unlicensed wireless services. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 14-99 § 1, 1999. Formerly 19.12.522).

19.12.426 Place of worship.

“Place of worship” means property owned or leased by a nonprofit religious organization, such as a church, for religious worship or related administrative, educational, charitable and social activities. (Ord. 01-13 § 3, 2013).

19.12.427 Plan.

“Plan” means a survey or scaled drawing that is part of the set of application drawings or construction documents. The type of plan shall be taken in context in the code, for example, a “site plan” would include all the items required in the site plan review chapter of this code, a “landscape plan” would include all the items required in the landscape chapter of this code, and so forth. (Ord. 10-13 § 2, 2013).

19.12.427.1 Playground.

“Playground” means an outdoor recreation area, usually equipped with swings, slides, and other playground equipment.

(1) Public playgrounds are owned and/or managed by a city, county, state, or federal government.

(2) Private playgrounds are owned by a private entity such as a homeowners’ association and are not to be used to set back from marijuana facilities. (Ord. 19-17 § 4, 2017).

19.12.428 Porch.

“Porch” means an outdoor, roofed, unheated, flat surface attached to a residential structure. The porch may be enclosed by screen, latticework, broad windows, or other light frame walls extending from the main structure. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.430 Principal use.

“Principal use” means the primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. A principal use is a use classified as such in any given zone. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.540).

19.12.435 Professional offices or professions.

“Professional offices” or “professions” means offices or a business maintained and used as a place of business conducted by professionals such as engineers, attorneys, realtors, architects, accountants and other persons providing services utilizing training in and knowledge of the mental discipline as distinguished from training and skills or manual dexterity or the handling of commodities. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 10-93 § 1, 1993; Ord. 1020 § 2, 1981. Formerly 19.12.550).

19.12.437 Professional office, medical, dental.

“Professional office, medical, dental” means an establishment for treatment of outpatients, and providing no overnight care for patients. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.440 Public facilities.

“Public facilities” means all municipal, county or state owned or operated facilities including, but not limited to, governmental administrative offices, libraries, fire stations, police stations, municipal garages and yards, refuse disposal or transfer facilities, cemeteries, water, sewer, gas, steam or electric distribution systems, pumping or regulation stations and transformer stations with service yards. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.560).

19.12.443 Public transit center.

“Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. (Ord. 19-17 § 7, 2017).

19.12.445 Public use.

“Public use” means any area, building or structure held, used, or controlled exclusively for public purposes by any department or branch of any government, without reference to the ownership of the building or structure or of the land upon which it is situated. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.570).

19.12.450 Public utility.

“Public utility” means a private business organization such as any public service corporation, including physical plan facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Said services shall include, but are not limited to, water supply, electric power, telephone, gas and transportation for persons and freight. (Ord. 11-19 § 3, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.580).

19.12.453 Qualifying patient.

“Qualifying patient” is as defined in RCW 69.51A.010(4). (Ord. 22-15 § 1, 2015).

19.12.455 Railroad right-of-way.

“Railroad right-of-way” means a strip of land with tracks and/or auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.590).

19.12.460 Reclassification of property.

“Reclassification of property” means a change in the zone boundaries upon the zoning map, when adopted in the manner prescribed by law. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.600).

19.12.465 Reclassification of use.

“Reclassification of use” means the assignment by amendment of the code of a particular use to a different use classification than that in which the use was originally permitted. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.610).

19.12.468 Recreation center or facility.

“Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government. (Ord. 19-17 § 8, 2017).

19.12.470 Recreational vehicles.

“Recreational vehicles” means any mobile vehicle or equipment used for recreational purposes, including, but not limited to, snowmobiles, all-terrain vehicles, boats, campers, trailers and motor homes and other self-propelled trailers. This shall not include automobiles and pickup trucks unless the pickup truck is equipped with any of the equipment referred to in this section. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.620).

19.12.475 Residential cluster.

“Residential cluster” means a unified development in which the subdivision and/or zoning regulations apply to the project as a whole rather than to its individual lots, in order to gain a more advantageous use of the land. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.485 Roof.

“Roof” means a structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.640).

19.12.495 Sales, retail.

“Retail sales” means the sale of goods, merchandise and/or commodities for use or consumption by the immediate purchaser. Retail sales include the selling of goods and services which may include convenience goods, such as food and drugs; personal services (excluding professional services), such as tailoring, shoe repairing and barber shops; and general merchandise, such as apparel, furniture and home furnishings. Wholesale sales may be made from a retail business, provided the business’s principal use is retail sales. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.660).

19.12.500 Sales, wholesale.

“Wholesale sales” means the sale of goods, merchandise and/or commodities for resale by the purchaser in the regular course of business without intervening use by the purchaser. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.670).

19.12.505 Senior citizen.

“Senior citizen” means a person 55 years of age or more, or a person of less than 55 years who by reason of infirmity requires domiciliary care. “Senior citizen” shall also include “elderly family,” which is two or more persons living together where the head or spouse is a senior citizen or a person less than 55 years of age who by reason of infirmity requires domiciliary care. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 41-97 § 5, 1997; Ord. 12-85 § 3, 1985. Formerly 19.12.672).

19.12.510 Senior citizen low-income housing.

“Senior citizen low-income housing” means multifamily housing for senior citizens whose income qualifies as low income pursuant to BMC 14.16.020. (Ord. 22-08 § 1 (Exh. A), 2008; Ord.

22-05 § 1, 2005; Ord. 41-97 § 6, 1997; Ord. 12-85 § 4, 1985. Formerly 19.12.675).

19.12.515 Service station, motor vehicle.

“Motor vehicle service station” means a business which provides for the retail sale of petroleum products as its principal business use, and the servicing and repair of motor vehicles as an incidental use. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.680).

19.12.520 School.

“School” means a public or private institution of learning that offers instruction in the several branches of learning and study.

(1) “Elementary school” means a school for early education that provides basic education from generally preschool through grade five and is recognized by the Washington State Superintendent of Public Instruction.

(2) “Middle school” means a school that provides education for generally grades six through eight and is recognized by the Washington State Superintendent of Public Instruction.

(3) “High school” means a school for students who have completed their primary and middle school education and is recognized by the Washington State Superintendent of Public Instruction, and is usually attended by children in generally grades nine to 12.

(4) “Post-secondary education” means education for students who graduated from high school and seek a certificate or a degree. (Ord. 34-19 § 15, 2019; Ord. 19-17 § 9, 2017; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.690).

19.12.525 Secondhand store.

“Secondhand store” means and includes, but is not limited to, any business that sells used items of personal property to be used again for the purpose for which they were originally intended. It includes, but is not limited to, antique stores, secondhand stores, used merchandise stores, and the like. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 17-84 § 1, 1984. Formerly 19.12.695).

19.12.530 Sidewalkscape.

“Sidewalkscape” means the area between the property lines and the curb or road edge encompassing the pedestrian sidewalk. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.535 Significant tree.

“Significant tree” means an existing deciduous or coniferous tree suitable for inclusion as permanent landscaping in a project that is either six inches or more in diameter measured three feet above grade for any species; or is determined to be significant by the planning director or designee due to unusual or historic heritage or rareness. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.537 Storage yard, outdoor storage.

“Storage yard, outdoor storage” means an outdoor area not used for retail display (such as a retail car or RV lot) where vehicles, equipment, merchandise, raw materials, cargo containers, railroad cars, semi-truck trailers or other items are accumulated and stored. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private. (Ord. 14-17 § 1, 2017).

19.12.540 Story.

“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between the floor and the ceiling next above it shall be considered a story. The lowest level shall be counted as a story only if more than one-half of the distance between the lowest level’s floor and the ceiling above it is above the established curb level or above the finished lot grade level where curb level has not been established. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.700).

19.12.545 Street.

“Street” means a public or recorded private thoroughfare which affords primary means of access to abutting property. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.710).

19.12.550 Structure.

“Structure” means any combinations of materials constructed and erected on the ground or water or attached to something having a permanent location on the ground or water. Not included are residential fences equal to or less than six feet in height, retaining walls less than three feet in height, rockeries, paved areas and similar improvements of a minor character. The term “structure” shall be construed as though followed by the words “or parts thereof.” (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.720).

19.12.555 Structural alterations.

“Structural alterations” means any change in the supporting members of a building or structure. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.730).

19.12.560 Swap meet and flea market.

“Swap meet” and “flea market” shall be as described in BMC 6.04.020 in the definition for “temporary business.” (Ord. 34-19 § 16, 2019; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 17-84 § 2, 1984. Formerly 19.12.735).

19.12.563 Trail.

“Trail” means any constructed pathway which has been designed for exclusive use of pedestrians, equestrians or bicyclists and specifically includes the Foothills Trail. (Ord. 19-17 § 6, 2017).

19.12.565 Travel trailer.

“Travel trailer” means a suitably enclosed volume of space built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.740).

19.12.566 Unit, carriage.

“Carriage unit” means a single-family dwelling located above a garage structure constructed in accordance with Chapter 19.24 BMC. (Ord. 34-19 § 17, 2019; Ord. 22-08 § 1 (Exh. A), 2008).

19.12.567 Unit, commercial mixed-use.

“Commercial mixed-use unit” means a unit designed for the occupancy of one commercial/office use on the main/street level and (a) residential use(s) on the second floor above. (Ord. 22-08 § 1 (Exh. A), 2008).

19.12.568 Unit, cottage.

“Cottage unit” means a detached single-family dwelling within a cottage housing development constructed in accordance with Chapter 19.24 BMC. (Ord. 34-19 § 18, 2019; Ord. 22-08 § 1 (Exh. A), 2008).

19.12.570 Use.

“Use” means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.750).

19.12.575 Variance.

“Variance” means the method by which an adjustment is made in the application of the specific regulations of the zoning code to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies disparity in privileges. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.760).

19.12.577 Vehicles or motors.

“Vehicles” or “motors” means vehicles or equipment with engines (such as autos, motorcycles, scooters, snowmobiles, outboard marine engines, lawnmowers, chainsaws, and other engines). (Ord. 17-14 § 7, 2014; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 07-04 § 7, 2004. Formerly 19.32.020).

19.12.580 Yard.

“Yard” or “setback” means any open space on the same lot with a building or building group lying between the building or building group and the nearest lot line. (Ord. 04-16 § 4, 2016; Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.770).

19.12.585 Yard, front.

“Front yard” means that portion of the site area extending across the full width of the lot and lying between the front lot line and a line drawn parallel thereto and at a distance therefrom equal to the required front yard depth. On a corner lot, the front yard shall be the yard providing principal access from the adjacent street. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.780).

19.12.590 Yard, side.

“Side yard” means that portion of the site area measured from the side lot line toward the center of the lot and extending from the rear lot line to the front lot line of the required yard parallel to the side lot line at a distance therefrom equal to the required side yard depth. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.790).

19.12.595 Yard, rear.

“Rear yard” means that portion of the site area extending across the full width of the lot and lying between the rear lot line and a line drawn parallel thereto, at a distance therefrom equal to the required rear yard depth. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.800).

19.12.600 Zone.

“Zone” means an area accurately defined as to boundaries and location on the official zoning map and within which area only certain types of land uses are permitted. (Ord. 22-08 § 1 (Exh. A), 2008; Ord. 22-05 § 1, 2005; Ord. 1020 § 2, 1981. Formerly 19.12.810).

Prior legislation: Ord. 21-95.