Chapter 17.04 DEFINITIONS

For the purpose of this title, certain words and terms are defined in this chapter; words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural number, the singular number; the word "building" shall include the word "structure"; the word "lot" shall include the word "plot"; the word "shall" is mandatory and not directory. (Ord. 20-05 §1(part), 2020: prior code §18.04.010).

17.04.020 Accessory building or use.

"Accessory building or use" means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or use. (Ord. 20-05 §1(part), 2020: prior code §18.04.020).

17.04.021 Accessory dwelling unit.

"Accessory dwelling unit" means a habitable living unit created within, attached to, or detached from a principal single-family residence that provides the basic requirements of shelter, heating, cooking and sanitation within the unit. The primary dwelling or ADU must be occupied by the owner of the property. (Ord. 20-05 §1(part), 2020: Ord. 20-02 §2(part)).

17.04.023 Administrative official.

"Administrative official" means the city manager or that person appointed by the city manager to administer the regulations of this title. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013).

17.04.025 Advance mitigation.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.030 Alteration, critical area.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.032 Animals, hoofed.

"Animals, hoofed" means horses, cattle, sheep, goats, swine and any other creature with a hoofed foot. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.033 Animals, nonhoofed.

"Animals, nonhoofed" means chickens, geese, ducks, peacocks, turkeys, guinea, rabbits, wild animals, and any other creature, whether or not domesticated, with the exclusion of dogs and cats. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.034 Apartment building.

"Apartment building" means a building or portion thereof used for occupancy by three or more families living independently of each other and containing three or more dwelling units, other than a motel or hotel. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.035 Applicant.

"Applicant" means a person who files an application for permit under this title and who is either the owner of the land on which that proposed activity would be located, a lessee of the land, the person who would actually control and direct the proposed activity or the authorized agent of such a person. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.040 Aquifer recharge areas.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.042 Aquifer, sole source.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.045 Area of shallow flooding.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.050 Base flood.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.055 Best available science.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.057 Best management practices.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.060 Building, main.

"Main building" means any building occupied by the essential use of the zone in which the building is located. (Ord. 20-05 §1(part), 2020: prior code §18.04.060).

17.04.070 Club, private.

"Private club" means a nonprofit, social organization whose premises are restricted to its members and their guests, and which premises may include certain structures and buildings used primarily for the accommodation of its members. (Ord. 20-05 §1(part), 2020: prior code §18.04.070).

17.04.080 Conservation easement.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.090 Critical aquifer recharge area.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.095 Critical habitat.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.100 Developable area.

"Developable area" means a site or portion of a site that may be utilized as the location of development. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.105 Development.

"Development" means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development includes the storage or use of equipment or materials inconsistent with the existing use. Development also includes approvals issued by the city that binds land to specific patterns of use, including, but not limited to, subdivisions, zone changes, conditional use permits and binding site plans. Development activity does not include the following activities:

A. Interior building improvements.

B. Exterior structure maintenance activities, including painting and roofing.

C. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding.

D. Maintenance of following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.107 Dwelling unit.

"Dwelling unit" means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with facilities for cooking and sleeping. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.108 Electronic media facilities.

"Electronic media facilities" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities, including radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communication services towers, alternative tower structures and the like. It shall also include a structure, shelter, cabinet or vault used to house and protect electronic equipment necessary for processing wireless communication signals. Exempt from this definition are licensed, amateur (HAM) radio station antenna and satellite dish antennas less than two meters in diameter. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.110 Erosion hazard areas.

"Erosion hazard areas" means at least those areas identified by the United States Department of Agriculture Natural Resources Conservation Service as having a "severe" rill and inter-rill erosion hazard. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.112 Existing and ongoing agricultural activities.

"Existing and ongoing agricultural activities" means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation, maintenance and conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is proposed for conversion to a nonagricultural use or has lain idle for a period of longer than five years, unless the idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013).

17.04.113 Farming.

"Farming" means the commercial raising and harvesting of crops; feeding, breeding, and management of livestock; dairying or other agricultural or horticultural use or any combination thereof and includes the disposal by marketing or otherwise of products produced on the premises. It includes the construction and use of dwellings and other buildings customarily provided in conjunction with farming, but does not include a commercial feed lot.

"Farming" does not include private gardening where no produce is offered for sale. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.115 Flood insurance map.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.120 Flood plain.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.125 Frequently flooded areas.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.130 Functions and values.

"Functions and values" means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, ground water recharge and discharge, erosion control, wave attenuation, protection from hazards, historical and archaeological and aesthetic value protection and recreation. These beneficial roles are not listed in order of priority. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.140 Garage, private.

"Private garage" means a detached, accessory building or portion of the main building used for the storage of self-propelled vehicles. All automobiles parked or stored in the private garage shall be in the ownership of one or more members constituting the family and occupying the building and dwelling unit to which the garage is a part or accessory thereto. (Ord. 20-05 §1(part), 2020: Ord. 1447 §1, 1999; prior code §18.04.140).

17.04.150 Gasoline service station.

"Gasoline service station" means a building, structure and use designed or used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles, and including the customary space for facilities for the installation of such commodities on or in such vehicles, but not including space for facilities for the storage, repair, refinishing, resurfacing, or servicing thereof. (Ord. 20-05 §1(part), 2020: prior code §18.04.150).

17.04.155 Geologically hazardous areas.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013).

17.04.160 Gross floor area ratio.

"Gross floor area ratio" of a building or buildings, structure or structures, on any zoning lot, is the usable floor area of the building or buildings, structure or structures, divided by the area of the zoning lot. (Ord. 20-05 §1(part), 2020: prior code §18.04.160).

17.04.162 Ground water.

"Ground water" means water in a saturated zone or stratum beneath the surface of land or a surface water body. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.165 Hazardous waste.

"Hazardous waste" means and includes all dangerous and extremely hazardous waste as set forth in RCW 70.105.010. (Ord. 20-05 §1(part), 2020: Ord. 1224 §1a, 1988).

17.04.170 Home, convalescent or nursing.

Repealed by Ord. 1403. (Prior code §18.04.170).

17.04.175 Home occupation.

"Home occupation" means an occupation, profession, craft, trade, activity, or use which is clearly a customary, incidental, or secondary use of a residential dwelling unit by a member of the family residing in that dwelling and which does not alter the exterior of the property or affect the residential character of the neighborhood. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.180 Hotel.

Repealed by Ord. 1403. (Prior code §18.04.180).

17.04.190 Hospital.

Repealed by Ord. 1403. (Prior code §18.04.190).

17.04.200 Lot, corner.

"Corner lot" means a zoning lot which adjoins the point of intersection of two or more street lines, and in which the interior angle formed is one hundred thirty-five degrees or less. (Ord. 20-05 §1(part), 2020: prior code §18.04.200).

17.04.210 Lot line, front.

"Front lot line" means a street line for an interior lot or through lot; on a corner lot, the applicant may select either street line as a front lot line. (Ord. 20-05 §1(part), 2020: prior code §18.04.210).

17.04.220 Lot line, rear.

"Rear lot line" means any lot line other than a street line, which is parallel to the front lot line, or within forty-five degrees of being parallel to the front lot line. A rear lot line shall also include any lot lines on an offset to a through lot which constitutes the rear lot line of an adjacent zoning lot. (Ord. 20-05 §1(part), 2020: prior code §18.04.220).

17.04.230 Lot line, side.

"Side lot line" means any lot line which is not a front lot line or a rear lot line. (Ord. 20-05 §1(part), 2020: prior code §18.04.230).

17.04.231 Manufactured house.

"Manufactured house" means a new house constructed in accordance with state and federal requirements for manufactured houses, which:

A. Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

B. Was originally constructed with and now has a composition of wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch;

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

D. Is transportable in two or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.231.1 Mine hazard areas.

"Mine hazard areas" means those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013).

17.04.232 Mitigation.

"Mitigation" means a negotiated action involving the avoidance, reduction or compensation for possible adverse impacts. In the following order of preference this includes:

A. Avoiding the impacts altogether by not taking action;

B. Reducing or eliminating impacts by preservation or maintenance;

C. Minimizing impacts by limiting degree or magnitude;

D. Rectifying impacts by repairing, rehabilitating or restoring;

E. Compensating for impacts by in-kind replacement; or

F. Monitoring impacts by a planned evaluation process. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.234 Mobile home.

"Mobile home" means a transportable, factory-built house, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, or a similar-type house built after said date which does not match the definition of "manufactured house." (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.235 Monitoring.

"Monitoring" means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.237 Native vegetation.

"Native vegetation" means plant species that are indigenous to the area in question. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.238 Nonadjacent or separate accessory building.

A "nonadjacent or a separate accessory building" means a subordinate building which is located on a lot separate from the lot on which the main building is located to which the building is an accessory, and which is reasonably necessary and incidental to the use of the main building. (Ord. 20-05 §1(part), 2020: Ord. 05-03 §1)

17.04.240 Nonconforming use.

"Nonconforming use" means any property use, building, and/or structure in violation of any rule, law or ordinance of the city, which property use, building and/or structure was in compliance with all rules, laws and ordinances when the building or structure was originally constructed or when the current property use first began. (Ord. 20-05 §1(part), 2020: Ord. 1306 §1, 1991: prior code §18.04.240).

17.04.243 Nursing home/assisted living home.

"Nursing home/assisted living home" means a residential facility for four or more persons within which are provided living and sleeping facilities, medical and nursing services by a permanent staff as well as other possible services including meal preparation, laundry, and room cleaning. (Ord. 20-05 §1(part), 2020: Ord. 06-12 §1(part)).

17.04.245 Off-site.

"Off-site" means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located. (Ord. 20-05 §1(part), 2020: Ord. 1224 §1c, 1988).

17.04.247 Off-site compensation.

"Off-site compensation" means to replace critical areas away from the site on which a critical area has been impacted. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.250 Off-street parking space.

"Off-street parking space" means any space not on a highway or street, where one passenger vehicle or three-quarter ton truck may park, having a minimum width of nine feet and length of twenty-one feet; and such space is not intended to include service lanes. (Ord. 20-05 §1(part), 2020: prior code §18.04.250).

17.04.255 On-site.

"On-site" means the same, geographically contiguous, or bordering property. On-site hazardous waste treatment and storage facilities treat and store wastes generated on the same property. (Ord. 20-05 §1(part), 2020: Ord. 1224 §1b, 1988).

17.04.257 On-site compensation.

"On-site compensation" means to replace critical areas at or adjacent to the site on which a critical area has been impacted. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.258 Permeability.

"Permeability" means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.260 Permitted use.

"Permitted use" means the specific purpose for which land and/or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. (Ord. 20-05 §1(part), 2020: prior code §18.04.260).

17.04.265 Porous soil types.

"Porous soil types" means soils, as identified by the Natural Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices or other openings which allow the passing of water. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.267 Potable water.

"Potable water" means water that is safe and palatable for human use. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.270 Priority habitat.

"Priority habitat" means a habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.272 Project area.

"Project area" means all areas within fifty feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.275 Qualified professional.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.280 Restoration.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.281 Seismic hazard areas.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013).

17.04.282 SEPA.

"SEPA" means the Washington State Environmental Policy Act, Chapter 43.21C RCW. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.285 Special flood hazard areas.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.290 Special protection areas.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.292 Species, endangered.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.294 Species of local importance.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.296 Species, priority.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.298 Species, threatened.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.300 Street.¹

"Street" means a public way established by or maintained under public authority, a private way open for public use, and a private way plotted or laid out for ultimate public use, whether or not constructed. (Ord. 20-05 §1(part), 2020: prior code §18.04.270. Formerly 17.04.270).

17.04.302 Substantial damage.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.305 Treatment and storage.

"Treatment and storage" means hazardous waste management facilities requiring a state dangerous waste permit under the provisions of Chapter 173-303 WAC. (Ord. 20-05 §1(part), 2020: Ord. 1224 §1d, 1988).

17.04.307 Water table.

Repealed by Ord. 20-05. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.310 Well.

"Well" means a bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids. (Ord. 20-05 §1(part), 2020: Ord. 13-02 §1(part), 2013: Ord. 1511 §1(part), 2003).

17.04.311 Wetland.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013).

17.04.311.1 Wetland category.

Repealed by Ord. 20-05. (Ord. 13-02 §1(part), 2013).

17.04.312 Wetland, emergent.

Repealed by Ord. 20-05. (Ord. 1511 §1(part), 2003).

17.04.315 Wetlands, high quality.

Repealed by Ord. 20-05. (Ord. 1511 §1(part), 2003).

17.04.317 Wetlands, isolated.

Repealed by Ord. 20-05. (Ord. 1511 §1(part), 2003).

17.04.320 Yard, junk.

"Junk yard" means a use of land and may contain a structure or structures, including buildings located on a zoning lot or portion thereof, used for the storage, keeping or abandonment of junk, including scrap metal or other scrap materials, or used for the purpose of dismantling or demolishment or abandonment of automobiles or other vehicles, or machinery, or parts thereof, or may be used for the storage of animal furs. (Ord. 20-05 §1(part), 2020: prior code §18.04.320).

17.04.330 Yard, rear.

Repealed by Ord. 1403. (Prior code §18.04.330).

17.04.340 Yard, side.

Repealed by Ord. 1403. (Prior code §18.04.340).

Code reviser’s note: Section 17.04.300, formerly Section 17.04.270, was editorially renumbered to preserve alphabetization and accommodate the amendments of Ordinance 1511.