Chapter 15.02 DEFINITIONS

The definitions contained in this chapter are those that are generally used throughout this title; except for those definitions specified in KCC 15.08.035 and 15.08.224(D), which are specific to those respective sections and chapter.

(Ord. No. 3409, § 1, 7-7-98)

15.02.003 Accessory dwelling unit (ADU).

An accessory dwelling unit (ADU) is a habitable dwelling unit added to, created within, or detached from and on the same lot with a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation.

(Ord. No. 3251, § 1, 11-21-95; Ord. No. 3409, § 2, 7-7-98. Formerly § 15.02.004)

15.02.004 Accessory living quarters.

Accessory living quarters is a single residential dwelling unit within a commercial or manufacturing building which is incidental to the commercial or manufacturing use.

(Ord. No. 3409, § 3, 7-7-98)

15.02.005 Accessory use or structure.

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

15.02.006 Adult entertainment.

Adult entertainment means any dance, amusement, show, display, merchandise, material, exhibition, pantomime, modeling, or any other like performance of any type, for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by an emphasis on the depiction, description, or simulation of “specified anatomical areas,” as defined in this chapter, or the exhibition of “specified sexual activities,” also as defined in this chapter, or in the case of live adult entertainment performances, which emphasizes and seeks to arouse or excite the patron’s sexual desires.

Any patron of an adult entertainment business, as defined in KCC 15.02.007, shall be deemed a member of the public.

(Ord. No. 2687, § 2, 12-15-86; Ord. No. 3475, § 6, 10-5-99)

15.02.007 Adult entertainment business.

Adult entertainment business means any establishment providing adult entertainment as defined in KCC 15.02.006 including, but not limited to, adult arcade, adult bookstore, adult novelty store, adult video store, adult motion picture theater, and exotic dance studio, more specifically defined as follows:

A. Adult arcade means a commercial establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, computer-generated or enhanced pornography, panoram, peep show, or similar machines, or other image-producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provide materials for individual viewing by patrons on the premises of the business which are characterized by an emphasis on the depiction, description, or simulation of “specified anatomical areas” or “specified sexual activities.”

B. Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by an emphasis on the depiction, description, or simulation of “specified anatomical areas” or “specified sexual activities” are regularly shown for any form of consideration.

C. Adult retail establishment means any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business, service, or portion thereof, which, for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rental, loan, trade, transfer, and/or provision for viewing or use off the premises of adult entertainment material as defined in this chapter. For purposes of this provision, it shall be a rebuttable presumption that thirty (30) percent or more of a business’ stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial.

In determining whether or not the presumption is rebutted, the clerk may consider the following factors, which are not conclusive:

1. Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory;

2. Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility;

3. Whether adult entertainment material is an establishment’s primary or one of its principal business purposes; or

4. Whether thirty (30) percent or more of an establishment’s revenue is derived from adult entertainment material.

An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertainment materials and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materials.

The clerk shall have full discretion to give appropriate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application.

D. Exotic dance studio, also known as “topless bar” and “adult cabaret,” means a nightclub, bar, restaurant, or similar commercial establishment, or any premises or facility to which any member of the public is invited or admitted and where an entertainer provides live performances to any member of the public, which performances are characterized by an emphasis on the depiction, description, or simulation of “specified anatomical areas” or “specified sexual activities,” or which emphasize and seek to arouse or excite the patron’s sexual desires.

(Ord. No. 2687, § 2, 12-15-86; Ord. No. 3475, § 7, 10-5-99)

15.02.008 Adult uses.

Adult uses means and includes any adult entertainment business as defined by KCC 15.02.007 and regulated pursuant to Ch. 5.10 KCC.

(Ord. No. 2687, § 2, 12-15-86; Ord. No. 2785, § 1, 6-21-88; Ord. No. 3475, § 8, 10-5-99)

15.02.009 Adult entertainment material.

Adult entertainment material means any books, magazines, cards, pictures, periodicals, or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD-ROMs, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing, or other merchandise or material, which are characterized by an emphasis on the depiction, description, or simulation of “specified anatomical areas” or “specified sexual activities.”

(Ord. No. 2785, § 1, 6-21-88; Ord. No. 3475, § 9, 10-5-99)

15.02.010 Agricultural use.

Agricultural use 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, fin fish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

(Ord. No. 3409, § 4, 7-7-98)

15.02.015 Alley.

Alley means a public or private way not more than thirty (30) feet wide at the rear or side of property affording only secondary means of vehicular or pedestrian access to abutting property.

(Ord. No. 3409, § 5, 7-7-98)

15.02.020 Apartment.

Apartment means a dwelling unit in a multifamily building.

15.02.025 Apartment house (multifamily dwelling).

Repealed by Ord. No. 3409.

15.02.026 Architectural detail element.

Architectural detail element means contrasting trim at least five and one-half (5 1/2) inches wide around the doors and windows of a facade; window shutters; minimum fifty (50) square foot and five (5) foot deep covered area around a point of entry; minimum three (3) foot deep eaves; minimum of two (2) distinct finish materials used on a facade, not including trim material; balconies; or other methods approved by the planning manager which diminish the perception of bulk and provide visual interest along home facades facing public areas.

(Ord. No. 3830, § 13, 3-6-07)

15.02.027 Automobile body repair.

Automobile body repair includes those establishments primarily engaged in furnishing automotive vehicle body work and painting.

(Ord. No. 3409, § 7, 7-7-98)

15.02.028 Automobile detailing.

Automobile detailing means any scratch and oxidation removal, buffing, interior and exterior washing or shampooing, paint overspray removal, stain removal, non-spray touch up painting, power washing, hand drying, road tar removal, polishing, deodorizing of any type of passenger vehicles and trucks. Automobile detailing does not include cleaning of engines or engine parts.

(Ord. No. 3575, § 2, 9-18-01)

15.02.030 Automobile repair.

Automobile repair includes fixing, incidental body or fender work, painting, upholstering, engine tuneup, adjusting lights or brakes, or supplying and installing replacement parts of or for passenger vehicles and trucks.

15.02.033 Use, temporary.

Repealed by Ord. No. 3409.

15.02.035 Automobile service station or gasoline filling station.

Automobile service station or gasoline filling station means a building or lot having pumps and storage tanks where fuels, oils, or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only, repair service is incidental, and no storage or parking space is offered for rent.

15.02.040 Automobile wrecking or motor vehicle wrecking.

Automobile wrecking or motor vehicle wrecking means the dismantling or disassembling of motor vehicles or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked motor vehicles or their parts.

15.02.045 Basement.

Basement means that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.

15.02.050 Board of adjustment.

Repealed by Ord. No. 3409.

Editor’s note – Ord. No. 3169, § 3, adopted May 16, 1994, repealed provisions relating to the board of adjustment. The hearing examiner now performs the duties of the former board of adjustment.

15.02.055 Boarding or lodging home.

Boarding or lodging home means a dwelling or part thereof, other than a motel or hotel, where lodging, with or without meals, is provided, for compensation, for not more than three (3) persons.

15.02.060 Building.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind.

15.02.065 Building height.

Building height means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

15.02.067 Bulk retail uses.

Bulk retail uses are distinguished from other retail uses in that they typically combine retail sales with warehouse and storage of goods. These uses generally require large, high-ceiling buildings since they store large quantities of inventory onsite. They also require large sites since adequate parking is essential.

(Ord. No. 3175, § 1, 7-19-94)

15.02.070 Canopy.

Canopy means a rooflike projection.

15.02.071 Cargo containers.

Cargo containers means standardized, reusable vessels, designed without an axle or wheels, which were:

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.

When used for any purpose other than those listed in subsection (1) of this section, a cargo container is a structure.

(Ord. No. 3792, § 1, 3-21-06)

15.02.073 Clustering or cluster subdivision.

Clustering or cluster subdivision means a development or division of land in which residential building lots are reduced in size and concentrated in specified portion(s) of the original lot, tract, or parcel.

(Ord. No. 3551, § 8, 3-20-01)

15.02.075 Comprehensive plan.

Comprehensive plan means the document, including maps, adopted by the city council which outlines the city’s goals and policies relating to management of growth, and prepared in accordance with Chapter 36.70A RCW. The term also includes adopted subarea plans prepared in accordance with Chapter 36.70A RCW.

(Ord. No. 3409, § 10, 7-7-98)

15.02.080 Combining district.

Combining district means district regulations superimposed on an underlying zoning district which impose additional regulations for specific uses, and which are valid for a stipulated time period. Uses permitted by the underlying zone may also be developed.

15.02.085 Common open space.

Common open space means a parcel of land or an area of water or a combination of land and water within the site designated for a planned unit development, and designed and intended primarily for the use or enjoyment of the residents of such development.

15.02.088 Congregate care facilities.

Congregate care facilities mean a building or complex of dwellings which provides for shared use of facilities, such as kitchens, dining areas, and recreation areas. Such complexes may also provide kitchens and dining space in individual dwelling units. Practical nursing care may be provided, but not nursing care as described in a convalescent home.

(Ord. No. 3409, § 11, 7-7-98)

15.02.089 Convalescent home.

Convalescent home means any home, place, institution or facility which provides convalescent or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for three (3) or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable to properly care for themselves. Such establishment shall be duly licensed by the state of Washington as a “nursing home” in accordance with the provisions of Chapter 18.51 RCW.

(Ord. No. 3409, § 12, 7-7-98)

15.02.090 Conditional use.

Conditional use means a use permitted in a zoning district only after review and approval by the hearing examiner. Conditional uses are such that they may be compatible only on certain conditions in specific locations in a zoning district, or if the site is regulated in a certain manner.

15.02.091 Condominium.

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 interest in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded.

Condominiums must meet all provisions of Chapter 64.34 RCW.

(Ord. No. 3381, § 1, 12-9-97)

15.02.092 Creeks, major.

The following are major creeks identified by the city:

A. Mill Creek.

B. Garrison Creek and its tributaries.

C. Springbrook Creek.

D. Johnson Creek.

E. Midway Creek.

F. Star Lake Creek.

G. Bingaman Creek.

H. Mullen Slough.

I. Mill Creek (Auburn).

J. West Branch Big Soos Creek and tributaries.

The location of these creeks is identified on the map entitled “Hazard Area Development Limitations,” as described in KCC 15.08.222.

15.02.093 Creeks, minor.

Minor creeks means all creeks other than major creeks and generally conforming to the following criteria: a course or route as formed by nature, or as altered by human activity, and generally consisting of a channel with a bed, banks, or sides substantially throughout its length along which surface waters, with some regularity, naturally and normally flow or drain from high to lower lands. The location of these creeks is identified on the map entitled “Hazard Area Development Limitations” as described in KCC 15.08.222.

15.02.095 Crop and tree farming.

Crop and tree farming means the use of land for horticultural purposes.

15.02.096 Density, maximum permitted.

Maximum permitted density refers to the maximum number of dwelling units permitted per acre, subject to lot size and other development standards of Ch. 15.04 KCC. When determining the allowed number of units for a subdivision or short subdivision, all site area may be included in the calculation. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: fractions above one-half (1/2) shall be rounded up, fractions of one-half (1/2) and below shall be rounded down.

(Ord. No. 3290, § 1, 4-18-96; Ord. No. 3830, § 13, 3-6-07)

15.02.097 Dangerous wastes.

Dangerous wastes means those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. This may include any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

A. Have short-lived toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

B. Are corrosive, explosive, or flammable, or may generate pressure through decomposition or other means.

A moderate risk waste is not a dangerous waste.

(Ord. No. 2801, § 1, 9-6-88)

15.02.098 Day-care center.

Day-care center means a day-care operation with thirteen (13) or more persons in attendance at any one (1) time.

(Ord. No. 2801, § 1, 9-6-88; Ord. No. 3409, § 13, 7-7-98)

15.02.099 Day-care home.

Day-care home means a day-care operation with no more than twelve (12) persons in attendance at any one (1) time in the provider’s home in the family living quarters, including immediate family members who reside in the home.

(Ord. No. 3409, § 14, 7-7-98)

15.02.100 Day-care operation.

Day-care operation means the temporary care of persons in a residence or structure (meeting the requirements of Chapter 388-150 WAC) for less than twenty-four (24) hours a day on a regular recurring basis for pay or other valuable consideration, including, but not limited to, the furnishing of shelter, sustenance, supervision, education, or other supportive services.

(Ord. No. 3409, § 15, 7-7-98)

15.02.100.5 Designated manufactured home.

Designated manufactured home means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

A. Is comprised of at least two (2) fully enclosed parallel sections each of not less than twelve (12) feet wide by thirty-six (36) feet long;

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

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

(Ord. No. 3753, § 1, 6-7-05)

15.02.101 Designated zone facility.

Designated zone facility means any hazardous waste facility that requires an interim or final status permit under rules adopted under Chapter 70.105 RCW and Chapter 173-303 WAC, and that is not a preempted facility as defined in RCW 70.105.010 or in Chapter 173-303 WAC. A hazardous waste treatment or storage facility is a designated zone facility.

(Ord. No. 2801, § 1; Ord. No. 3409, § 16, 7-7-98. Formerly § 15.02.098)

15.02.102 Development plan.

Development plan means a plan drawn to scale, indicating the proposed use, the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration, yards, setbacks, landscaping, off-street parking, ingress and egress, and signs.

(Ord. No. 3409, § 17, 7-7-98)

15.02.105 Development standards.

Development standards means regulations including but not limited to setbacks, landscaping, screening, height, site coverage, signs, building layout, parking, and site design, and related features of land use.

15.02.106 Diminished garage door.

Diminished garage door means a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage where the front facade facing a public area is finished with a window or other architectural feature; or a garage accessed via a rear alley; or a garage set back no less than ten (10) feet from the front facade of the home; or other design strategies which similarly diminish the prominence of the garage and are approved by the planning manager.

(Ord. No. 3830, § 13, 3-6-07)

15.02.107 Discontinuance.

Discontinuance means the abandonment or nonuse of a building, structure, sign, or lot for a period of six (6) months.

15.02.110 District.

District means an area designated by this title, with specific boundaries, in which lie specific zones, which zones are described in this title.

15.02.111 Dock-high loading areas.

Dock-high loading areas means truck maneuvering areas and loading or unloading areas associated with loading doors that are located above the finish grade.

15.02.112 Drainage ditch.

Drainage ditch means a manmade channel with a bed, bank, or sides which discharges surface waters into a major or minor creek, lake, pond, or wetland.

15.02.113 Dripline.

Dripline means a circle drawn at the soil line directly under the outermost branches of a tree.

(Ord. No. 2932, § 1, 7-17-90)

15.02.113.1 Drive-in, drive-through facilities.

Drive-in, drive-through facilities means a business or portion of a business where a consumer is permitted or encouraged, either by the design of physical facilities or by the provisions of services and/or packaging procedures, to carry on business while seated in a motor vehicle. This definition shall include but not be limited to drive-up windows, drive-through banks, and drive-in/drive-through restaurants.

(Ord. No. 3600, § 2, 5-7-02)

15.02.114 Duplex.

Duplex means one (1) detached residential building containing two (2) dwelling units totally separated from each other by a one (1) hour fire wall or floor, designed for occupancy by not more than two (2) families.

(Ord. No. 3409, § 18, 7-7-98)

15.02.115 Dwelling, single-family.

Single-family dwelling means a detached residential dwelling unit, other than a mobile home, designed for and occupied by one (1) family only.

15.02.120 Dwelling, two-family.

Repealed by Ord. No. 3409.

15.02.125 Dwelling, multiple-family.

Multiple-family dwelling means a residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

15.02.130 Dwelling unit.

Dwelling unit means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking and sleeping facilities.

15.02.131 Emergency housing, emergency shelter.

Emergency housing, emergency shelter means a facility operated publicly or privately to provide housing for individuals or families who are otherwise homeless and have no immediate living options available to them. Emergency housing shall not exceed a ninety (90) day period per individual or family.

(Ord. No. 3600, § 2, 5-7-02)

15.02.131.5 Equitable distribution.

Equitable distribution means siting or locating secure community transition facilities in a manner that will not cause a disproportionate grouping of similar facilities either in any one (1) county, or in any one (1) jurisdiction or community within a county, as relevant.

(Ord. No. 3615, § 1, 9-17-02)

15.02.132 Erosion hazard areas.

Erosion hazard areas are defined as follows:

A. Class 1 erosion hazard areas. Class 1 erosion hazard areas means all areas of the city other than class 2 or 3 erosion hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Ch. 15.04 KCC pertaining to district regulations.

B. Class 2 erosion hazard areas. Class 2 erosion hazard areas means all soils mapped by the Soil Conservation Service as having moderate to severe erosion hazard potential. These soils in the city include Arents, Alderwood material (AmC), Alderwood gravelly sandy loam (AgC), and Everett gravelly sandy loam (EvD).

C. Class 3 erosion hazard areas. Class 3 erosion hazard areas means all soils mapped by the Soil Conservation Service as having a severe to very severe erosion hazard potential. These soils in the city include Alderwood gravelly sandy loam (Agd) and Alderwood Kitsap soil (AKF).

The Soil Conservation Service maps referenced in this section are on file with the city clerk.

15.02.133 Extremely hazardous waste.

Extremely hazardous waste means those wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. This may include any dangerous waste which:

A. Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form:

1. Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife; and

2. Is highly toxic to man or wildlife.

B. Is disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment.

(Ord. No. 2801, § 1, 9-6-88)

15.02.134 Facade modulation.

Facade modulation means a horizontal stepping back or projecting forward of portions of a building facade. The minimum modulation depth shall be three (3) feet, and the minimum modulation width shall be eight (8) feet.

(Ord. No. 3830, § 13, 3-6-07)

15.02.135 Family.

Family means one (1) or more individuals related by blood or legal familial relationship, or a group of not more than six (6) persons who need not be related by blood or a legal familial relationship, living together in a dwelling unit as a single, nonprofit housekeeping unit, excluding class I, II, and III group homes as defined in KCC 15.02.173.

(Ord. No. 2958, § 1, 1-2-91; Ord. No. 3451, § 1, 4-20-99)

15.02.140 Fence, sight-obscuring.

The minimum for a sight-obscuring fence is a chainlink fence with woven slats in every row or available space of the fence.

15.02.145 Fence, one hundred (100) percent sight-obscuring.

One hundred (100) percent sight-obscuring fence means a fence constructed of solid wood, metal, or other appropriate material which totally conceals the subject use from adjoining uses at six (6) feet above the base of the fence line, at twenty (20) feet from the subject property line.

15.02.147 Floor area ratio.

Floor area ratio is a measure of development intensity which is determined by dividing gross floor area by lot area.

(Ord. No. 3345, § 1, 5-7-97)

15.02.150 Frontage, building or occupancy.

Building or occupancy frontage means the length of that portion of a building or ground floor occupancy which abuts a street, publicly used parking area, or mall appurtenant to such building or occupancy, expressed in lineal feet and fractions thereof.

15.02.155 Garage or carport, private.

Private garage or carport means a building, or a portion of a building, principally for vehicular equipment such as automobiles, boats, etc., not more than one thousand (1,000) square feet in area, in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept.

15.02.160 General conditional uses.

General conditional uses means uses described in KCC 15.08.030. Such uses shall be deemed conditional uses in all districts.

15.02.165 Grade.

Grade means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five (5) feet distant from such wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five (5) feet distant from such wall. In case walls are parallel to and within five (5) feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.

15.02.170 Gross floor area.

Gross floor area means the area included within the surrounding exterior walls of a building expressed in square feet and fractions thereof. The floor area of a building not provided with surrounding exterior walls shall be the usable area under the horizontal projections of the roof or floor above.

15.02.172 Ground cover.

Ground cover means low-growing vegetative materials with a mound or spreading manner of growth that provides solid cover within two (2) years after planting. Examples include sod or seed lawn, ivy, junipers, cotoneaster, etc.

(Ord. No. 2801, § 1, 9-6-88)

15.02.173 Group home.

A. Class I group home. Class I group home means publicly or privately operated residential facilities such as state-licensed foster homes and group homes for children; group homes for individuals who are developmentally, physically, or mentally disabled; group homes or halfway houses for recovering alcoholics and former drug addicts; and other groups not considered within class II or III group homes.

1. Group home, class I-A. A class I-A group home shall have a maximum of seven (7) residents including resident staff.

2. Group home, class I-B. A class I-B group home shall have a maximum of ten (10) residents including resident staff.

3. Group home, class I-C. The number of residents for a class I-C group home will be based upon the density of the underlying zoning district.

B. Class II group home. Class II group home means publicly or privately operated residential facilities for juveniles under the jurisdiction of the criminal justice system. These homes include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, and halfway houses providing residence to juveniles needing correction or for juveniles selected to participate in state-operated work release and pre-release programs. The planning manager shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under class III group home in this section as a group home class III, and any such home shall be sited according to the regulations contained within the group III classification.

1. Group home, class II-A. A class II-A group home shall have a maximum of eight (8) residents including resident staff.

2. Group home, class II-B. A class II-B group home shall have a maximum of twelve (12) residents including resident staff.

3. Group home, class II-C. A class II-C group home shall have a maximum of eighteen (18) residents including resident staff.

C. Class III group home. Class III group home means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected

to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137-57 WAC. Such groups also involve individuals who have been convicted of a violent crime against a person or a crime against property with a sexual motivation and convicted or charged as a sexual or assaultive violent predator. Secure community transition facilities are considered class III group homes. Secure community transition facilities shall have a maximum of three (3) residents, excluding resident staff, unless the state agency proposing to establish and operate the facility can demonstrate that it has equitably distributed other secure community transition facilities with the same or a greater number of residents in other jurisdictions or communities throughout the entire geographic limits of King County.

(Ord. No. 2958, § 2, 1-2-91; Ord. No. 3451, § 2, 4-20-99; Ord. No. 3615, § 1, 9-17-02)

15.02.174 Guest cottage.

Guest cottage means an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors or nonpaying guests of the occupants of the main building.

(Ord. No. 2801, § 1, 9-6-88)

15.02.175 Hazardous substance.

Hazardous substance means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under Chapter 70.105 RCW or in WAC 173-303-090, 173-303-100, 173-303-101, 173-303-102, or 173-303-103.

(Ord. No. 2801, § 1, 9-6-88; Ord. No. 2808, § 1, 10-18-88)

15.02.176 Hazardous substance facility buffer zone.

Hazardous substance facility buffer zone means a setback area between the hazardous substance land use facility boundary and the nearest point of the hazardous substance land use property line, necessary to provide added protection to adjacent land uses or resources of beneficial use. All hazardous waste treatment and storage facilities must maintain at least a fifty (50) foot buffer zone.

(Ord. No. 2801, § 1, 9-6-88)

15.02.177 Hazardous substance land use.

Hazardous substance land use means any use which is permitted under this title and which includes a designated zone facility or the processing or handling of a hazardous substance.

(Ord. No. 2801, § 1, 9-6-88)

15.02.178 Hazardous substance land use facility.

Hazardous substance land use facility means the projected line enclosing the area of all structures and lands on which hazardous substance land use activities occur, have occurred in the past, or will occur in the future. This does not include the application of products for agricultural purposes or the use, storage, or handling of hazardous substances used in public water treatment facilities.

(Ord. No. 2801, § 1, 9-6-88; Ord. No. 3386, § 1, 1-7-98)

15.02.179 Hazardous substance, processing or handling of.

Processing or handling of a hazardous substance means the compounding, treatment, manufacture, synthesis, use or storage of hazardous substances in excess of the following amounts in bulk quantities: five thousand (5,000) pounds of solid hazardous substances, five hundred (500) gallons of liquid hazardous substances, and six hundred fifty (650) cubic feet of gaseous hazardous substances.

(Ord. No. 2801, § 1, 9-6-88)

15.02.180 Hazardous waste.

Hazardous waste means any dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components. A moderate risk waste is not a hazardous waste.

(Ord. No. 2801, § 1, 9-6-88)

15.02.181 Hazardous waste facility.

Hazardous waste facility means the contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or disposing of hazardous waste.

(Ord. No. 2801, § 1, 9-6-88)

15.02.182 Hazardous waste storage facility.

Hazardous waste storage facility means any designated zone facility which holds hazardous waste for a temporary period not to exceed five (5) years; this does not include accumulation of hazardous waste by the generator on the site of generation, as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.

(Ord. No. 2801, § 1, 9-6-88)

15.02.183 Hazardous waste treatment facility.

Hazardous waste treatment facility means any designated zone facility which processes hazardous waste by physical, chemical, or biological means to make such waste nonhazardous or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume.

(Ord. No. 2801, § 1, 9-6-88)

15.02.184 Hazardous waste treatment or storage facility, offsite.

Offsite hazardous waste treatment or storage facility means any hazardous waste treatment or storage facility which treats or stores wastes that are generated off the site.

(Ord. No. 2808, § 1, 10-18-88)

15.02.185 Hazardous waste treatment or storage facility, onsite.

Onsite hazardous waste treatment or storage facility means any hazardous waste treatment or storage facility which treats or stores only those wastes that are generated on the site.

(Ord. No. 2808, § 1, 10-18-88)

15.02.186 Hearing examiner (land use).

Hearing examiner (land use) means a person appointed by the city administrator to conduct public hearings on applications outlined in the city ordinance creating the hearing examiner, and who prepares a record, findings of fact and conclusions on such applications.

(Ord. No. 2808, § 1, 10-18-88)

15.02.187 Highest shade-producing point.

Highest shade-producing point means the point of a structure which casts the longest shadow at noon on January 21.

15.02.190 Home occupation.

Home occupation means any use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use and not primarily considered as a business and which complies with the conditions of KCC 15.08.040.

15.02.195 Homeowners’ association.

Homeowners’ association means an incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot owner is automatically a member, and (b) each lot is automatically subject to a charge for a proportionate share of the common property, and (c) a charge, if unpaid, becomes a lien against the property.

15.02.200 Hotel.

Hotel means any building containing six (6) or more guestrooms which are intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests.

15.02.202 Impervious surface.

Impervious surface means that hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or that hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water.

15.02.204 Institution.

Institution means a civic, religious, or other similar organization, including, but not limited to, an athletic field, hospital, university, religious institution, and community center.

(Ord. No. 3706, § 1, 8-17-04)

15.02.205 Interior court.

Interior court means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.

15.02.210 Junkyard.

Junkyard means a place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including, but not limited to, auto and motor vehicle wrecking yards, house wrecking yards, used lumber yards, and yards for use of salvaged house wrecking and structural steel materials and equipment.

(Ord. No. 3409, § 20, 7-7-98)

15.02.215 Kennel.

Kennel means any premises on which four (4) or more dogs which are five (5) months old or older are kept.

15.02.217 Lake.

Lake means a natural or artificial body of water of two (2) or more acres or where the deepest part of the basin at low water exceeds two (2) meters (six and six-tenths (6.6) feet). Artificial bodies of water with a recirculation system approved by the public works department are not included in this definition.

15.02.220 Landscaping.

Landscaping means vegetative cover including shrubs, trees, flowers, seeded lawn or sod, ivy, and other similar plant material.

15.02.222 Landslide areas.

A. Class 1 landslide areas. Class 1 landslide areas means all areas of the city other than class 2 or 3 landslide hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Ch. 15.04 KCC pertaining to district regulations.

B. Class 2 landslide areas. Class 2 landslide areas means areas with slopes of fifteen (15) percent or greater with permeable subsurface material (predominantly sand and gravel) to base level.

C. Class 3 landslide areas. Class 3 landslide hazard areas means those areas subject to a severe risk of landslide, due to the combination of: (a) slopes greater than fifteen (15) percent, and (b) impermeable subsurface material (typically silt and clay) sometimes interbedded with permeable subsurface material (predominantly wet sand and gravel) between the top and base (foot) elevations, and (c) characterized by springs or seeping groundwater during the wet season (November to February). These areas include both active and currently inactive slides.

15.02.223 Less restrictive alternative.

Less restrictive alternative means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092.

(Ord. No. 3615, § 1, 9-17-02)

15.02.225 Lot.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are required in this title. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record and portions of lots of record;

D. A parcel of land described by metes and bounds;

provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this title.

15.02.228 Long term commercial significance.

Long term commercial significance includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land’s proximity to population areas, and the possibility of more intense uses of the land.

(Ord. No. 3409, § 21, 7-7-98)

15.02.230 Lot, corner.

Corner lot means a lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees within the lot lines.

15.02.231 Lot area.

Lot area means the area included within the property lines of a lot, including any easement area.

(Ord. No. 3409, § 22, 7-7-98)

15.02.235 Lot frontage.

The front of a lot shall be that portion nearest the street or, if the lot does not abut a street, the portion nearest an ingress/egress easement. On a corner lot, the front yard shall be considered the narrowest part of the lot that fronts on a street, except in industrial and commercial zones, in which case the user of a corner lot has the option of determining which part of the lot fronting on a street shall become the lot frontage.

(Ord. No. 3409, § 23, 7-7-98)

15.02.240 Lot lines.

Lot lines means the property lines bounding the lot.

15.02.245 Lot measurements.

A. Depth of a lot shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

B. Width of a lot shall be considered to be the distance between the side lines connecting front and rear lot lines; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the eighty (80) percent requirement shall not apply.

15.02.250 Lot of record.

Lot of record means a lot which is part of a subdivision recorded in the office of the county assessor, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

15.02.252 Lot, riverfront.

Riverfront lot means any lot or land parcel which is adjacent to the Green River, a scenic and recreational road, a riverfront road, or a riverfront park.

15.02.255 Lot, through.

Through lot means a lot that has both ends fronting on a street. Either end may be considered the front.

15.02.257 Major nonconforming building or structure.

Major nonconforming building or structure means any nonconforming building or structure located on a parcel which at any point borders or is in a residential district and which is not in compliance with the minimum development standards of the district in which it is located.

15.02.258 Minor nonconforming building or structure.

Minor nonconforming building or structure means any nonconforming building or structure which is not a major nonconforming structure and which is not in compliance with the minimum development standards of the district in which it is located.

15.02.259 Mixed use building or structure.

Mixed use building or structure means a building that contains two (2) or more separate and distinct uses permitted in the zoning district where such building is located.

(Ord. No. 3014, § 1, 12-3-91)

15.02.260 Mixed use development.

Mixed use development shall mean two (2) or more permitted uses or conditional uses developed in conjunction with one another on the same site. Provided that the aforementioned requirements are met, a mixed use development may include two (2) or more separate buildings. Provided further, that at least twenty-five (25) percent of the gross floor area, as defined in KCC 15.02.170, be a permitted commercial use. The residential component of any mixed use development cannot be permitted or

occupied prior to the (permitting and/or occupancy of) the commercial component.

(Ord. No. 3092, § 1, 2-16-93; Ord. No. 3345, § 2, 5-7-97)

15.02.261 Manufactured home.

Manufactured home means a single-family dwelling constructed in a factory after June 15, 1976, and installed in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indicating such compliance.

(Ord. No. 3409, § 24, 7-7-98)

15.02.262 Mobile home.

Mobile home means a factory-constructed residential unit with its own independent sanitary facilities that is intended for year round occupancy and is composed of one (1) or more major components which are mobile in that they can be supported by wheels attached to their own integral frame or structure and towed by an attachment to that frame or structure over the public highway under trailer license or by special permit, and which was constructed prior to June 15, 1976.

(Ord. No. 3092, § 2, 2-16-93; Ord. No. 3409, § 25, 7-7-98)

15.02.265 Mobile home park.

Mobile home park means an area under one (1) ownership designed to accommodate ten (10) or more mobile homes.

15.02.267 Moderate risk waste.

Moderate risk waste means those wastes defined in WAC 173-303-040 as moderate risk wastes. This may include any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation, and any household waste which is generated from the disposal of substances identified by the Department of Ecology as hazardous household substances.

(Ord. No. 2808, § 1, 10-18-88)

15.02.268 Modular home.

Modular home means a single-family dwelling constructed in a factory and shall be constructed and installed in accordance with applicable provisions of the International Building Code, the International Residential Code, or other applicable building codes, and shall bear the appropriate insignia indicating compliance with those codes. This definition includes “prefabricated,” “panelized,” and “factory built” units.

(Ord. No. 3409, § 26, 7-7-98; Ord. No. 3690, § 17, 5-4-04)

15.02.270 Motel, including hotel and motor hotel.

Motel, including hotel and motor hotel, means a building or group of buildings comprising individual sleeping or living units for the accommodation of transient guests for compensation.

15.02.270.5 Motor vehicle.

Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

(Ord. No. 3813, § 1, 9-5-06)

15.02.271 Multifamily design review.

Multifamily design review means an administrative process for the purpose of reviewing multifamily development applications for compliance with specific site design, landscape design and building design criteria.

(Ord. No. 3014, § 2, 12-3-91)

15.02.272 Multifamily transition area.

A multifamily transition area is any portion of an MR-G, MR-M or MR-H low density, medium density or high density multifamily residential district situated within one hundred (100) feet of a single-family district or within one hundred (100) feet of a public street right-of-way. Specifically excluded from this definition is property abutting a right-of-way that will never be developed into a public street as determined by the city transportation engineer, and which does not otherwise qualify as a multifamily transition area.

15.02.275 Natural or native areas.

Natural or native areas means all or portions of a parcel of land undisturbed by development and maintained in a manner which preserves the indigenous plant materials.

15.02.280 Net acreage.

Net acreage means the buildable area after the area of street rights-of-way has been subtracted.

15.02.281 New manufactured home.

New manufactured home means 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).

(Ord. No. 3753, § 1, 6-7-05)

15.02.282 Nonconforming lot of record.

Nonconforming lot of record means any validly recorded lot which at the time it was recorded fully complied with the applicable laws and ordinances but which does not fully comply with the lot requirements of this title.

15.02.283 Nonconforming sign.

Nonconforming sign means any sign legally established prior to the effective date of this title or subsequent amendments thereto, which is not in full compliance with the regulations of this title.

(Ord. No. 3409, § 27, 7-7-98)

15.02.285 Nonconforming use.

Nonconforming use means the use of land, a building or a structure lawfully existing prior to the effective date of this title or subsequent amendments thereto, which does not conform with the use regulations of the district in which it is located on the effective date of such use regulations.

(Ord. No. 3409, § 28, 7-7-98)

15.02.286 Nonconformity.

Nonconformity means any land use, structure, lot of record or sign legally established prior to the effective date of this title or subsequent amendment to it which would not be permitted by or is not in full compliance with the regulations of this title.

15.02.287 Northern lot line.

Northern lot line means a lot line or lines less than forty-five (45) degrees southeast or southwest of a line drawn east-west and intersecting the northernmost point of the lot. If the northern lot line adjoins any unbuildable area (e.g., streets, alleys, public rights-of-way, parking lots, common areas) other than a required yard area, the northern lot line shall be that portion of the northerly edge of the unbuildable area which is due north from the actual northern lot line of the applicant’s property.

15.02.288 North-south lot dimension.

North-south lot dimension means the average distance between lines from the corners of the northern lot line south to a line drawn east-west and intersecting the southernmost point of the lot.

15.02.290 Nursery school or day-care center.

Repealed by Ord. No. 3409.

15.02.295 Occupancy.

Occupancy means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

15.02.300 Official map.

Official map means maps showing the designation, location and boundaries of the various districts which have been adopted and made a part of this title.

15.02.305 Open green area.

Open green area means landscaped areas and areas of natural or native vegetation.

15.02.310 Ordinary high-water mark.

Ordinary high-water mark, on the Green River, Lake Fenwick, streams, marshes and swamps, is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of this title, or as it may naturally change thereafter; provided, that in any area where the ordinary high-water mark cannot be found, the ordinary high-water mark shall be the line of mean high water.

15.02.315 Outside storage.

Outside storage means all or part of a lot which is used for the keeping of materials or products in an open, uncovered yard or in an unwalled building. Such materials shall not be for general public consumption or viewing. Such materials shall include tractors, backhoes, heavy equipment, construction materials, and other similar items which detract from the appearance of the zone in which they are located.

15.02.317 Overlay district.

Overlay district means a defined geographic area where a set of development regulations are established to achieve a specific public purpose. These regulations are in addition to those of the underlying zoning district. Where a conflict exists between the regulations of the overlay district and the underlying zoning, the regulations of the overlay district shall apply.

(Ord. No. 3409, § 30, 7-7-98)

15.02.318 Park, riverfront.

Riverfront park means a publicly owned open space which lies along the Green River, along a scenic and recreational road.

15.02.320 Parking space or parking stall.

Parking space or parking stall is any off-street space intended for the use of vehicular parking, with ingress or egress to the space easily identifiable.

15.02.325 Parking, temporary.

Temporary parking means parking facilities specifically designed to accommodate not less than fifty-one (51) vehicles and intended for public use for a period of not more than five (5) years, subject to annual maintenance review by the engineering department. Temporary parking shall not be in lieu of specified off-street parking as required in Ch. 15.05 KCC pertaining to off-street parking and loading requirements.

15.02.327 Pedestrian-oriented use.

Pedestrian-oriented use means a commercial use whose customers commonly arrive on foot, or where signage, advertising, window display, and entry ways are oriented toward pedestrian traffic on a public sidewalk. Pedestrian-oriented businesses may include restaurants, retail shops, personal service businesses, travel services, banks, (except drive-through windows), and similar establishments.

(Ord. No. 3409, § 31, 7-7-98)

15.02.330 Performance standards.

Performance standards means regulations for the control of dangerous or objectionable elements, as defined in KCC 15.08.050(A).

15.02.332 Planned unit development.

Planned unit development is a development built under those provisions of this title which permit departures from the conventional siting, setback, and density requirements of other sections of this title in the interest of achieving superior site development, creating open space, and encouraging imaginative design by permitting design flexibility.

(Ord. No. 3007, § 1, 10-15-91)

15.02.333 Planning director.

Planning director means the director of the city of Kent planning department or his/her authorized designee.

(Ord. No. 3409, § 32, 7-7-98)

15.02.334 Preempted facility.

Preempted facility means any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in Chapter 173-303 WAC. This may include any facility that includes as a significant part of its activities any of the following hazardous waste operations: (a) landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) waste pile to be closed as a landfill.

(Ord. No. 2808, § 1, 10-18-88)

15.02.335 Preschool.

Preschool means establishments providing exclusively educational programs for prekindergarten or preschool children, but excluding day-care uses as defined in KCC 15.02.100.

(Ord. No. 3409, § 33, 7-7-98)

15.02.335.1 Public area.

Public area means public or private roadways, pedestrian paths, parks, open spaces, or other common spaces.

(Ord. No. 3830, § 13, 3-6-07)

15.02.336 Revegetation.

Revegetation means the planting of vegetation to cover any land areas which have been disturbed during construction. This vegetation shall be maintained to ensure its survival and shall be consistent with planting requirements of the city landscape regulations as set out in Ch. 15.07 KCC.

15.02.337 Ravine.

Ravine means an area constituting a “young valley” which contains a major or minor creek. It includes the bottom land of the ravine and the ravine sidewalls to a point where the slopes are less than fifteen (15) percent. See the following illustration.

15.02.338 Recreational vehicles.

A. Recreational vehicles mean motorized vehicles that include a cabin for living accommodations and are commonly used for recreational travel and touring. Vehicles included in this category come in several forms: travel trailers, tent trailers, and camping trailers, all of which must be towed by a car; and truck campers, motor homes, and camper vans, all of which have the motor within the body of the vehicle.

B. Recreational vehicles may also include any motorized or nonmotorized vehicle, boat, boat trailer, or other vehicle to be used for recreational purposes.

(Ord. No. 2656, § 3, 9-15-86)

15.02.338.5 Risk potential activity or risk potential facility.

Risk potential activity or risk potential facility 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 following the hearings on a potential site required in RCW 71.09.315. The term school bus stops does not include bus stops established primarily for public transit.

(Ord. No. 3615, § 1, 9-17-02)

15.02.339 Road, scenic and recreational.

Russell Road and Frager Road shall be designated as scenic and recreational roads.

15.02.340 Roadside stand.

Roadside stand means a temporary structure designed or used for the display or sale of agricultural products primarily produced on the premises upon which such a stand is located.

15.02.340.1 Roofline variation.

Roofline variation means a vertical offset in ridge line, horizontal offset in ridge line, variations of roof pitch, gables, or any other similar technique approved by the planning manager. The minimum horizontal or vertical offset shall be three (3) feet, and the minimum variation length shall be eight (8) feet.

(Ord. No. 3830, § 13, 3-6-07)

15.02.341 Secure community transition facility.

Secure community transition facility means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under 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 under Chapter 71.09 RCW and operated by the Secretary of the State of Washington Department of Social and Health Services or under contract with the Secretary.

(Ord. No. 3615, § 1, 9-17-02)

15.02.342 Seismic hazard areas.

A. Class 1 seismic hazard areas. Class 1 seismic hazard areas means all areas of the city other than class 2 or 3 seismic hazard areas. These areas are areas where no development limitations are deemed necessary, except where described under Ch. 15.04 KCC pertaining to district regulations.

B. Class 2 seismic hazard areas. Class 2 seismic hazard areas means those areas where soils are characterized by moderately well-drained alluvium and glacial outwash of moderate density.

C. Class 3 seismic hazard areas. Class 3 seismic hazard areas means those areas subject to severe risk of earthquake damage due to soils of low density, due to poorly drained or impervious alluvium, due to highly saturated organic material, or due to slopes greater than fifteen (15) percent, excluding those Alderwood gravelly sandy loam (AgD) soils located on slopes less than twenty-five (25) percent overlying thick sequences of Vashon till.

15.02.343 Service uses or activities.

Service uses or activities means a business which sells the knowledge or work of its people rather than a tangible product.

15.02.344 Setback, average.

The average setback is the mean or average depth of yard (setback) measured from the property line to the building. The average setback is computed along the full length of the property line, utilizing a designated property depth.

15.02.345 Shopping center.

Shopping center means a retail shopping area designed as a unit, which utilizes a common parking area.

15.02.350 Sign.

Sign means any structure, device, letter, figure, character, poster, picture, trademark, or reading matter which is used or designed to announce, declare, demonstrate, display, or otherwise identify or advertise, or attract the attention of the public. However, a sign shall not include the following:

A. Official notices authorized by a court, public body, or public officer.

B. Direction, warning, or information sign authorized by federal, state, or municipal authority.

C. The official flag, emblem, or insignia of a government, school, or religious group or agency.

D. A memorial plaque or tablet, or cornerstones indicating the name of a building and date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure.

15.02.355 Sign area.

Sign area means the total area of all faces of a sign expressed in square feet. Area is measured from the outside perimeters, including backup, molding, framing, decorative scrollwork, etc. The area of a group of individual mounted letters or figures shall be the area of the geometric form necessary to enclose the group of letters or figures.

15.02.360 Sign height.

Sign height means the distance from ground level to the highest point on the sign structure.

15.02.365 Sign, abandoned.

Abandoned sign means any sign which has been deserted and its effective use terminated, and which no longer fulfills the purpose for which it was constructed.

15.02.370 Sign, advertising.

Advertising sign means a sign which directs attention to a business, commodity, or service or entertainment sold or offered elsewhere than on the premises and only incidentally on the premises.

15.02.375 Sign, business.

Business sign means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered on the premises.

15.02.380 Sign, canopy.

Canopy sign means a sign attached to the underside of a canopy.

15.02.385 Sign, construction.

Construction sign means a temporary sign placed in advance of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors, and other information regarding the building or structure.

15.02.390 Sign, directional or informational.

Directional or informational sign means a sign designated to guide or direct pedestrians or vehicles.

15.02.395 Sign, flashing.

Flashing sign means an illuminated sign with action or motion, or light or color changes.

15.02.400 Sign, freestanding.

Freestanding sign means a sign standing directly upon the ground or having one (1) or more supports standing directly upon the ground, and being detached from any building or structure.

15.02.405 Sign, gate or entrance.

Gate or entrance sign means a sign attached or adjacent to an entranceway of a residential site or subdivision, which identifies the site or subdivision.

15.02.410 Sign, identification.

Identification sign means a sign used only for the purpose of identifying the occupancy of a building, structure, or property.

15.02.415 Sign, illuminated.

Illuminated sign means a sign designed to give forth any artificial light or reflect such light from an artificial source.

15.02.420 Sign, indirectly illuminated.

Indirectly illuminated sign means an illuminated nonflashing sign whose illumination is derived entirely from an external artificial source and which is so arranged that no direct rays of light are projected from such artificial source into residences or the street.

15.02.425 Sign, institutional.

Institutional sign means a sign used only for the purpose of identifying an institution.

15.02.430 Sign, off-premises.

Off-premises sign means a sign that contains a message or directs attention to a business, profession, product, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding road directional signs, and is generally available by means of rental or lease to persons other than the owner of the sign. An off-premises sign includes the sign face(s) that contains the message or direction noted above, as well as the pole or other structure upon which the sign face is attached.

(Ord. No. 3501, § 1, 2-1-00)

15.02.435 Sign, on-premises.

On-premises sign means a sign identifying a business, product, service, or activity conducted or sold on the same premises as that on which the sign is located.

15.02.440 Sign, painted.

Painted sign means a sign which is painted on any office, wall, window, fence, or structure of any kind.

15.02.445 Sign, political.

Political sign means a sign advertising a candidate for political office or a measure scheduled for election.

15.02.450 Sign, portable.

Portable sign means a sign which is not permanently affixed to the ground or to a building or structure and which may be easily moved.

15.02.455 Sign, projecting.

Projecting sign means a sign affixed to the exterior wall of a building or structure with the exposed faces perpendicular to the plane of such wall.

15.02.460 Sign, roof.

Roof sign means a sign attached to a building which projects above the structure of the building. This definition refers to the architectural unity of a building or structure.

15.02.465 Sign, rotating.

Rotating sign means a sign containing moving parts.

15.02.470 Sign, subdivision.

Subdivision sign means a sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor or subdivider, and the name of the owner or age