5.05 User Guide
The definitions in this chapter apply for this code. Also see definitions contained in Chapter 83 KZC for shoreline management, Chapter 95 KZC for tree management and required landscaping, and Chapter 113 KZC for cottage, carriage and two/three-unit homes that are applicable to those chapters.
(Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017; Ord. 4357 § 1, 2012; Ord. 4252 § 1, 2010; Ord. 4120 § 1, 2007)
5.10 Definitions
The following definitions apply throughout this code unless, from the context, another meaning is clearly intended:
.005 Abandoned
Knowing relinquishment of right or claim to the subject property or structure on that property.
.015 Accessory
A use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property.
.017 Accessory Dwelling Unit
A subordinate residence added to, created within, or detached from a single-family structure, that provides basic requirements for living and sanitation that are independent from the primary dwelling unit. (Ord. 4715 § 1, 2020)
.020 Adjoining
Property that touches or is directly across a street, other than a principal or minor arterial, from the subject property. For the purposes of applying the regulations that limit the height adjoining a low density zone, the regulations shall only apply within an area 100 feet of and parallel to the boundary line of a low density zone (as shown on Plate 18). In cases where the zoning boundary is drawn at the centerline of the right-of-way, the 100-foot area considered to be adjoining shall be determined by measuring from the perimeter property lines of the low density zone. (Ord. 4450 § 1, 2014; Ord. 4437 § 1, 2014; Ord. 3954 § 1, 2004; Ord. 3852 § 1, 2002)
.022 Adult Entertainment Activity or Use
All of the following:
1. Adult theater means a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined in KZC 5.10.885 and 5.10.884) for observation by patrons therein and which excludes minors by virtue of age.
2. Adult book store means an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined in KZC 5.10.885 and 5.10.884) and which excludes minors by virtue of age.
3. Adult cabaret means a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize “specified anatomical areas” (defined in KZC 5.10.884) and/or whose performance or other activities include or mimic “specified sexual activities” (defined in KZC 5.10.885) and which establishment excludes minors by virtue of age.
.023 Affordable Housing Unit
1. An owner-occupied dwelling unit reserved for occupancy by eligible households and affordable to households whose household annual income does not exceed the following percent of the King County median household income, adjusted for household size, as determined by the United States Department of Housing and Urban Development (HUD), and no more than 30 percent of the monthly household income is paid for monthly housing expenses (mortgage and mortgage insurance, property taxes, property insurance and homeowners' dues):
a. Eighty percent in the CBD 5A, RH8, TL, HENC 2, PLA 5C, NMU, CVU, and UF zoning districts and for Transit Oriented Development in the PR 1.8 zone; or
b. One hundred percent in density limited zoning districts.
2. A renter-occupied dwelling unit reserved for occupancy by eligible households and affordable to households whose household annual income does not exceed 50 percent of the King County median household income, adjusted for household size, as determined by HUD, and no more than 30 percent of the monthly household income is paid for monthly housing expenses (rent and an appropriate utility allowance).
In the event that HUD no longer publishes median income figures for King County, the City may use any other method for determining the King County median income, adjusted for household size (Ord. 4855 § 1, 2023; Ord. 4733 § 1, 2020; Ord. 4637 § 3, 2018; Ord. 4474 § 1, 2015; Ord. 4222 § 1, 2009; Ord. 3938 § 1, 2004)
.025 Air Rights
The right to in some manner control the use of the space above the surface of the ground.
.027 All Electric Building
Buildings that only uses electricity to heat and cool spaces, and heat water. (Ord. 4788 § 1, 2022)
.030 Alluvium
Soil deposits transported by surface waters.
.035 Alteration
A change or rearrangement of the structural members or exits in a building; an increase in the height or length or depth of the exterior walls of a building; the movement of a structure from one (1) location to another; or, for office or commercial buildings, the changing by the use of partitions of more than one-third of the gross floor area of a single floor.
.037 Amend
To change the Zoning Map, text of the Zoning Code, or Comprehensive Plan in accordance with this code.
.040 Applicant
A person who applies for any permit or approval to do anything governed by this code and who is the owner of the subject property, the authorized agent of the owner, or the City.
.040.2 Area of Permanent Disturbance
Portion of a critical area or its buffer where the ground surface or vegetation has been legally altered as part of a development action other than a mitigation area. (Ord. 4551 § 4, 2017)
.040.5 Assisted Living Facility
A state-licensed multi-unit establishment which provides living quarters and a variety of limited personal care and at least a minimal amount of supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent center or nursing home. Supportive health care may include health care monitoring, such as assistance with medication, but is limited to health care services which may be provided by a boarding home licensed under Chapter 18.20 RCW. These facilities may consist of individual dwelling units with a full kitchen, partial kitchen or no kitchen. In addition, these facilities may have a communal dining area, recreational facilities (library, lounge, game room, open space), and/or laundry facilities. Assisted living facilities do not include adult family homes, as defined in Chapter 70.128 RCW.
.041 Assisted Living Unit
A living unit in which a resident receives medical or health care services. A bedroom is the equivalent of a unit for the purpose of calculating the number of assisted living units.
.043 Automotive Service Center
Establishment primarily engaged in automotive repair, including the sale and installation of lubricants, tires, batteries, mufflers, and similar accessories.
.045 Average Building Elevation
The weighted average elevation of the topography, prior to any development activity, either (1) under the footprint of a building as measured by delineating the smallest rectangle which can enclose the building footprint and then averaging the elevations taken at the midpoint of each side of the rectangle, or (2) at the center of all exterior walls of a building or structure. (Ord. 4121 § 1, 2008; Ord. 4072 § 1, 2007; Ord. 3852 § 1, 2002; Ord. 3814 § 1, 2001)
.050 Average Ground Elevation
The average elevation of the topography, prior to any development activity, at the center of all sides of the structure or improvement.
.055 Average Lot Elevation
The average elevation of all corners of a lot as measured from natural or existing topography.
.060 Average Parcel Depth
The average of the distance from the ordinary high water mark to the public right-of-way or vehicular access easement road, whichever provides the direct access to the subject property as measured along the side property lines or the extension of those lines where the water frontage of the subject property ends, the center of the ordinary high water mark of the subject property and the quarter points of the ordinary high water mark of the subject property. See Plate 19. (Ord. 4252 § 1, 2010)
.065 Average Parcel Width
The average of the distance from the north to the south property lines as measured along the ordinary high water mark and the front property line, or along the east and west property lines if the parcel does not abut the ordinary high water mark of Lake Washington. (Ord. 4252 § 1, 2010; Ord. 4072 § 1, 2007)
.067 Average Slope
The average grade of a site within each land area representing a distinct topographic change.
.070 Backfill
Material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation.
.071 Battery Charging Station (Level I, II and III)
An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW as amended and consistent with rules adopted under RCW 19.27.540 as amended. The terms 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications:
• Level 1 is considered slow charging.
• Level 2 is considered medium charging.
• Level 3 is considered fast or rapid charging. (Ord. 4350 § 1, 2012)
.071.5 Battery Electric Vehicle (BEV)
Any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating. (Ord. 4350 § 1, 2012)
.071.6 Battery Exchange Station
A facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery. (Ord. 4350 § 1, 2012)
.072 Bay Window
A projecting bay from an exterior wall of a structure that contains window glazing over at least 50 percent of any surface of the bay that does not lie perpendicular to the exterior wall. The bay window may be directly supported by a foundation or it may be cantilevered out from an exterior wall. (Ord. 4072 § 1, 2007)
.075 Bearing Capacity
The ability of a soil to support a structure, as measured in pounds per square foot.
.077 Bed and Breakfast House
An owner-occupied detached dwelling unit that contains guest rooms where lodging with or without meals is provided for compensation. Bed and breakfast houses, as defined, are home occupations pursuant to this code.
.078 Best Available Science
Current scientific information used in the process to designate, protect, or restore critical areas; that is, derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925, as amended. (Ord. 4551 § 4, 2017)
.079 Best Management Practices (BMPs)
Conservation practices or systems of practices and management measures that:
1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxins, or sediment;
2. Minimize adverse impacts to surface water and ground water flow and circulation patterns and to the chemical, physical and biological characteristics of critical areas;
3. Protect trees, vegetation, and soils designated to be retained during and following site construction and native plant species appropriate to the site for re-vegetation of disturbed areas; and
4. Provide standards for proper use of chemical herbicides within critical areas. (Ord. 4551 § 4, 2017)
.079.5 Bog
A low-nutrient, acidic peat wetland with organic soils and characteristic bog plants. (Ord. 4551 § 4, 2017)
.080 Bond
A written certificate guaranteeing to pay up to a specified amount of money if specified work is not performed; or any similar mechanism whereby the City has recourse to an identified fund from which to secure performance of specified work.
.085 Buffer, Land Use
Any structural, earth or vegetative form that is located along a boundary for the purpose of minimizing visual and noise impacts. Land use buffers may include, but are not limited to, berms, high shrubs, dense stands of trees, trellises and fences. (Ord. 4010 § 3, 2005)
.090 Building
A roofed structure used for or intended for human occupancy.
.095 Building-Mounted
All of the following: wall-mounted signs, marquee signs, under marquee signs and projecting signs.
.100 Building Official
The Building Services Manager or his/her designee. (Ord. 4408 § 1, 2013)
.101 Bulk Commodities
Unpackaged articles, except those to be used for human consumption, that are bought and sold at a retail level.
.105 Bulkhead
A wall or embankment used for retaining earth. For properties within jurisdiction of the Shoreline Management Act, see Chapter 83 KZC. (Ord. 4252 § 1, 2010)
.107 Cabinet Sign
A sign incorporating a rigid frame, which supports and retains the sign face panel(s) and/or background constructed of plastic or similar material, and which has an internal light source. Cabinet signs do not include signs composed of individually-mounted and individually-illuminated letters, or logos no larger than the lettering to which they relate. (Ord. 3814 § 1, 2001)
.107.3 Carport
A roofed area of sufficient dimensions and orientation to park a vehicle which is connected or directly adjacent to a driving surface. (Ord. 4684 § 1, 2019)
.107.5 Carriage Unit
A single-family dwelling unit, not to exceed 800 square feet in gross floor area, located above a garage structure. (Ord. 4120 § 1, 2007)
.108 Center Identification Sign
A type of building-mounted or ground-mounted sign which identifies the name of a development containing more than one (1) office, retail, institutional, or industrial use or tenant and which does not identify any individual use or tenant.
.110 Certificate of Occupancy
“Certificate of Occupancy” as used in Chapter 21.06 KMC, Construction Administrative Code. (Ord. 4408 § 1, 2013)
.115 Changing Message Center
An electronically controlled sign where copy changes are shown on the same lamp bank. (Ord. 4532 § 1, 2016)
.120 Church
An establishment, the principal purpose of which is religious worship, and for which the principal building or other structure contains the sanctuary or principal place of worship, and which includes related accessory uses.
.125 City Manager
The chief administrative official of the City.
.130 Clustered Development
The grouping or attaching of buildings in such a manner as to achieve larger aggregations of open space than would normally be possible from lot by lot development at a given density.
.140 Commercial Recreation Area and Use
A commercial recreational facility, including swimming pools, tennis courts, play facilities and/or other similar uses. (Ord. 4372 § 1, 2012; Ord. 4357 § 1, 2012)
.142 Commercial Use
A place of employment or a commercial enterprise that meets the definition of office use, retail establishment, restaurant or tavern, or entertainment, cultural and/or recreational facility. (Ord. 4357 § 1, 2012)
.145 Commercial Zones
The following zones: BN; BNA; BC 1; BC 2; BCX; CBD; FHNC; HENC 1; HENC 3; JBD 1; JBD 2; JBD 4; JBD 5; JBD 6; MSC 2; MSC 3; NRH 1A; NRH 1B; NRH 4; TL 2; TL 4A; TL 4B; TL 4C; TL 5; TL 6A; TL 6B; TL 8; YBD 2; YBD 3. (Ord. 4855 § 1, 2023; Ord. 4749 § 1, 2021; Ord. 4637 § 3, 2018; Ord. 4636 § 3, 2018; Ord. 4357 § 1, 2012; Ord. 4333 § 1, 2011; Ord. 4196 § 1, 2009; Ord. 4193 § 1, 2009; Ord. 4121 § 1, 2008; Ord. 4051 § 1, 2006; Ord. 4037 § 1, 2006; Ord. 4030 § 1, 2006; Ord. 3956 § 1, 2004; Ord. 3889 § 2, 2003; Ord. 3814 § 1, 2001)
.150 Common Recreational Open Space Usable for Many Activities
Any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities, if that area:
1. Is not covered by residential buildings, parking or driving areas; and
2. Is not covered by any vegetation that impedes access; and
3. Is not on a slope that is too steep for the recreational activities.
.153 Community Facility
A use which serves the public and is generally of a public service, noncommercial nature, such as food banks, clothing banks, and other nonprofit social service organizations. (Ord. 4372 § 1, 2012)
.155 Community Recreation Area or Clubhouse
An area devoted to facilities and equipment for recreational purposes, swimming pools, tennis courts, playgrounds, community club houses and other similar uses maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified geographic area.
.157 Compensatory Wetland Mitigation
Means restoration (reestablishment or rehabilitation), creation (establishment), enhancement, and in certain circumstances, preservation for the purposes of offsetting unavoidable adverse impacts after all appropriate and practical avoidance and minimization of wetland impacts have been achieved. (Ord. 4551 § 4, 2017)
.160 Comprehensive Plan
The Comprehensive Plan of the City, listing the goals and policies regarding land use within the city.
.170 Contour Line
The interconnection of points having the same height above sea level.
.172 Convalescent Center
Facilities for patients who are recovering from an illness, or receiving care for chronic conditions, mental or physical disabilities, terminal illness, alcohol or drug in-patient treatment. Care may include in-patient administration of medicine, preparation of special diets, bedside nursing care, and treatment by a physician or psychiatrist. Out-patient care is limited to prior patients only.
.173 Cornice
An ornamental, horizontal molded projection at the top of the exterior walls of a building.
.174 Cottage
A detached, single-family dwelling unit containing 1,700 square feet or less of gross floor area. (Ord. 4811 § 1, 2022; Ord. 4120 § 1, 2007)
.175 Court of Competent Jurisdiction
The judicial body empowered to adjudicate the question under consideration.
.177 Covered Bicycle Storage
An enclosure or shelter in which bicycles can be secured and provides fully covered protection for bicycles from inclement weather and theft. (Ord. 4350 § 1, 2012)
.178 Critical Area Buffer
The area contiguous to a critical area that maintains the functions and/or structural stability of the critical area. (Ord. 4551 § 4, 2017)
.178.5 Critical Area Maps
Maps maintained by the Department of Planning and Building; specifically Geologically Hazardous Areas Map for Chapter 85 KZC, and Wetlands, Streams and Lakes Map for Chapter 90 KZC. (Ord. 4643 § 4, 2018; Ord. 4551 § 4, 2017)
.179 Critical Area Restoration
Measures taken to restore an altered or damaged natural feature, including:
1. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and
2. Actions performed to reestablish structural and functional characteristics of a critical area that have been lost by alteration, past management activities, catastrophic events, or introduction of invasive species. (Ord. 4551 § 4, 2017)
.179.5 Critical Areas
Critical areas include the following areas: (a) wetlands; (b) critical aquifer recharge areas; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas, as defined in Chapter 36.70A RCW and this chapter. (Ord. 4551 § 4, 2017)
.180 Cross Section (Drawing)
A visual representation of a vertical cut through a structure or any other 3-dimensional form.
.185 Culvert
An open-ended cylindrical structure generally used for the conveyance of storm waters or streams that allows water to flow under a road, railroad, trail, or similar obstruction from one side to the other side. (Ord. 4701 § 1, 2020)
.190 Curb Cut
The connection of an access drive or a driveway with a street which may entail a structural alteration to the curb by lowering the height of part of the curb.
.192 Day-Care Center
A day-care operation with 13 or more attendees at any one (1) time, not including immediate family members who reside in the center or employees. (Ord. 3954 § 1, 2004; Ord. 3814 § 1, 2001
.194 Day-Care Operation
The temporary care of persons for periods of less than 24 hours per day in a residence or structure 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. 3852 § 1, 2002)
.195 Dedication
The deliberate appropriation of land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted.
.200 Deleterious Material
Any substance which may cause harm to existing life forms with which it comes into contact. Substances used for gardening such as fertilizers or weed control, when applied as directed, are not considered to be deleterious in this code.
.202 Design Districts
Use zones subject to the Design Review process described in Chapter 142 KZC. (Ord. 4097 § 1, 2007)
.205 Detention of Storm Water
The physical entrapment of water occurring as a result of precipitation and the mechanically controlled release of the entrapped waters into the public storm drainage systems or into a stream or lake.
.210 Development Activity
Any work, condition or activity which requires a permit or approval under this code or KMC Title 21, Buildings and Construction. (Ord. 4408 § 1, 2013)
.215 Development Permit
Any permit or approval under this code or KMC Title 21, Buildings and Construction, that must be issued before initiating a use or development activity. (Ord. 4437 § 1, 2014)
.217 Development Regulations
This code, the Zoning Map, the Shoreline Environment Designations Map, regulations relating to water and sewer extensions established in KMC Title 15, Title 20, Development Projects, Title 21, Buildings and Construction, Title 22, Subdivisions, and all other codes, ordinances or regulations of the City containing regulations regarding the use, development and/or modification of land and/or structures.
.220 Differential Settlement
The uneven downward movement of a structure into the soil layers or the uneven compaction of the soil layers.
.223 Distribute
To provide notice and information or the location of notice and information to persons via postal mail or electronically. (Ord. 4193 § 1, 2009)
.225 Domestic Animal
An animal which can be and is continually kept or raised in a home or on a farm.
.240 Driveway
An area of the subject property designed to provide vehicular access to a parking area or structure contained on the subject property.
.242 Driveway Easement
An easement encompassing a driveway shared by two (2) abutting properties which front on the same right-of-way (see Plate 29). (Ord. 3814 § 1, 2001)
.247 Duplex
A structure containing not more than two (2) attached dwelling units.
.250 Dwelling Unit
One (1) or more rooms or structures providing complete, independent living facilities for one (1) family, including permanent provisions for living, sleeping, cooking and sanitation.
.255 Dwelling Unit, Attached
A dwelling unit that has one (1) or more vertical walls in common with or attached to one (1) or more other dwelling units or other uses and does not have other dwelling units or uses above or below it.
.260 Dwelling Unit, Detached
A dwelling unit that is not attached or physically connected to any other dwelling unit or other use.
.265 Dwelling Units, Stacked
A dwelling unit that has one (1) or more horizontal walls in common with or adjacent to one (1) or more other dwelling units or other uses and may have one (1) or more vertical walls in common with or adjacent to one (1) or more other dwelling units or other uses.
.270 Easement
Land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.
.271 Electric Vehicle
Any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle. (Ord. 4350 § 1, 2012)
.272 Electric Vehicle Charging Station
A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. (Ord. 4350 § 1, 2012)
.272.5 Electric Vehicle (EV) Ready Parking Space
A parking space that is provided with a minimum 208/240-volt dedicated branch circuit for electric vehicle charging station that is terminated at a receptacle, junction box or electric vehicle supply equipment within the parking space in order to allow for future installation of electric vehicle charging stations. (Ord. 4788 § 1, 2022)
.273 Electric Vehicle Infrastructure (EVI)
Structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. (Ord. 4350 § 1, 2012)
.274 Electric Vehicle Parking Space
Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. (Ord. 4350 § 1, 2012)
.275 Electrical Sign
A sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper.
.278 Eligible Household
One (1) or more adults and their dependents who, as set forth in the regulatory agreement referenced in KZC 112.35(2), certify that their incomes do not exceed the applicable percent of the median household income for King County, adjusted for household size, as published by the United States Department of Housing and Urban Development (HUD); and who certify that they meet all qualifications for eligibility, including, if applicable, any requirements for recertification on income eligibility. (Ord. 3938 § 1, 2004)
.278.3 Embodied Carbon*
Carbon that is released in the manufacturing, production, and transportation of building materials. (Ord. 4788 § 1, 2022)
*Code reviser’s note: Ordinance 4788 added this definition as 5.10.278.5. The definition has been renumbered to prevent duplication of numbering.
.278.5 Emergent Wetland
A wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata. (Ord. 4551 § 4, 2017)
.279 Entertainment, Cultural and/or Recreational Facility
A facility providing entertainment, cultural and/or recreational services, including but not limited to: theaters, performing arts centers, museums, bowling alleys, swimming pools, tennis courts, play facilities, dance studios and physical fitness facilities. (Ord. 4372 § 1, 2012)
.280 Entrance Driveway
A driving surface which provides vehicular access to one (1) parcel containing a use, other than a detached dwelling unit.
.285 Equestrian
Pertaining to horses and riders.
.290 Erosion and Deposition
The removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water.
.292 Erosion Hazard Areas
Those areas containing soils which, according to the United States Department of Agriculture (USDA) Natural Resource Conservation Services (NRCS) Web Soil Survey, may experience severe to very severe erosion hazard. Due to potential for mapping errors and other discrepancies in the RCS data, erosion hazard area designation should be based on actual site conditions as verified in the field by the geotechnical professional. (Ord. 4643 § 4, 2018)
.295 Excavate(ion)
The mechanical removal of soils and/or underlying strata.
.297 Existing Grade
The elevation of the topography, prior to any land surface modification, at each point on the subject property, or if specified, at the specified point or along a specified wall or facade of a structure or building.
.298 FAA
The Federal Aviation Administration. (Ord. 4121 § 1, 2008)
.299 FCC
The Federal Communications Commission. (Ord. 4121 § 1, 2008)
.299.5 Factor of Safety
The ratio of forces that resist sliding to the forces that drive sliding. (Ord. 4643 § 4, 2018)
.300 Family
One (1) or more persons (but not more than five (5) unrelated persons) living together as a single housekeeping unit. For purposes of this definition and notwithstanding any other provision of this code, persons with familial status within the meaning of Title 42 United States Code, Section 3602(k) and persons with handicaps within the meaning of Title 42 United States Code, Section 3602(h) and RCW 35A.63.240 will not be counted as unrelated persons. “Adult family homes,” as defined by RCW 70.128.010, shall be included within this definition of “family.” Facilities housing individuals who are incarcerated as the result of a conviction or other court order shall not be included within this definition of “family.” (Ord. 4650 § 1, 2018; Ord. 3852 § 1, 2002)
.302 Family Child-Care Home
A child-care operation in the family living quarters of the provider’s home for no more than 12 children, not including family members who reside in the home or employees of the family child-care home, licensed by the Washington State Department of Children, Youth, and Families. (Ord. 4749 § 1, 2021; Ord. 4121 § 1, 2008; Ord. 3814 § 1, 2001)
.310 Fence
A manmade wall or barrier constructed for the purpose of enclosing space or separating parcels of land.
.315 Fill Material
Dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground.
.320 Finished Grade
The final contour of the land surface prior to landscaping.
.321 Fish and Wildlife Habitat Conservation Area
Areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. These areas include:
1. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association;
2. Areas with which species of local importance have a primary association;
3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds;
4. Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington. (Ord. 4551 § 4, 2017)
.323 Flag Lot
A lot which has a very narrow frontage along the right-of-way in order to accommodate the driveway which accesses the wider, buildable portion of the lot. (Ord. 4121 § 1, 2008)
.325 Floor
The horizontal surface inside a structure designed and intended for human use and occupancy. (Ord. 3814 § 1, 2001)
.325.5 Floor Area Ratio (F.A.R.)
The maximum permitted gross floor area allowed, expressed as a percentage of the lot size (gross floor area / lot size = F.A.R.). See KZC 115.42.
.325.10 Foot-candle (fc)
A unit of luminance amounting to one (1) lumen per square foot. (Ord. 4030 § 1, 2006)
.325.15 Footprint
The area on a project site that is used by the building or structure and is defined by the perimeter of the building or structure. (Ord. 4551 § 4, 2017)
.325.20 Forested Wetland
A wetland defined by the Cowardin System with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height that is at least partially rooted in the wetland. (Ord. 4551 § 4, 2017)
.326 Frequently Flooded Areas
All areas shown on the Kirkland critical areas maps and as noted on effective FEMA maps as being within a 100-year floodplain, as well as all areas of special flood hazard regulated by Chapter 21.56 KMC. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017; Ord. 4252 § 1, 2010)
.326.5 Front Facade
The face of a building essentially parallel to the street, access easement or tract serving the subject property. The front facade may have multiple planes, including a covered entry porch. On a corner lot, or other lot with two (2) or more front yards, the front facade shall be the facade that includes the main entry. (Ord. 4372 § 1, 2012; Ord. 4121 § 1, 2008)
.327.5 Full Cut Off Type Fixture
A light fixture that by design of the housing does not allow any light dispersion or direct glare to shine above a 90-degree, horizontal plane from the base of the fixture. (Ord. 4030 § 1, 2006)
.327.10 Functions and Values
The services provided by critical areas to society, including, but not limited to, improving and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive flows, wave attenuation, historical or archaeological importance, educational opportunities, and recreation. (Ord. 4551 § 4, 2017)
.328 Geologically Hazardous Areas
Landslide hazard areas, erosion hazard areas and seismic hazard areas. (Ord. 4701 § 1, 2020; Ord. 4643 § 4, 2018; Ord. 4252 § 1, 2010)
.330 Glare
The reflection of harsh, bright light, or “the physical effect resulting from high luminances or insufficiently shielded light sources in the field of view.”
.335 Government Facility
A use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this code.
.340 Gross Floor Area
The total square footage of all floors in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Exterior areas may constitute gross floor area. See Chapter 115 KZC.
.345 Ground Floor
The floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property.
.346 Ground-Mounted Sign
All of the following: pole signs, pedestal signs and monument signs. (Ord. 4371 § 1, 2012)
.346.5 Growing Season
Growing season, for the purposes of these regulations, may be considered the period from March 1st through October 31st of any calendar year. (Ord. 4551 § 4, 2017)
.346.6 Habitat and Species of Local Importance
1. The habitats and species present within the City which are identified in the Washington Department of Fish and Wildlife’s Priority Habitats and Species (PHS) list and maps; and
2. Any species of local concern designated by the City pursuant to KZC 90.95(8) due to their population status or their sensitivity to habitat manipulation, which will be listed here. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.346.7 Hardscape
Hardscape is a placed, created, constructed or compacted hard surface area, which is unavailable for landscaping as defined by KZC 5.10.465. Hardscape surfaces include, but are not limited to: building foundations, patios, driveways, parking lots, concrete or asphalt paving, gravel or other similar walking and driving surfaces. Hardscape surfaces do not include open space as defined in this code. (Ord. 4684 § 1, 2019)
.347 Hazardous Liquid Pipeline
As defined by RCW 81.88.040, hazardous liquid means: (a) petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March 1, 1998; and (b) carbon dioxide. Pipeline, pipeline system, or hazardous liquid pipeline means all parts of a pipeline facility through which a hazardous liquid moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. Pipeline or pipeline system does not include process or transfer pipelines. (Ord. 4371 § 1, 2012)
.348 Hazardous Liquid Pipeline Corridor
The pipeline corridor in which the pipelines and facilities of a hazardous liquid pipeline operator are located, including public rights-of-way and easements over and through public or private property. (Ord. 4371 § 1, 2012)
.351 Hazardous Waste
All dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components (see RCW 70.105.010(15)).
.352 Hazardous Waste Storage
The holding of dangerous waste for a temporary period (see WAC 173-303-040(85)).
.353 Hazardous Waste Treatment
The physical, chemical, or biological processing of dangerous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume (see WAC 173-303-040(97)).
.355 Heat
Added energy that causes substances to rise in temperature, fuse, evaporate, expand or undergo any other related change.
.357 Height of Structure
The vertical distance measured from the average building elevation to the highest point of any element or feature of a structure, excluding the exceptions identified in KZC 115.60. (Ord. 3814 § 1, 2001)
.358 High Consequence Land Use
A land use that if located in the vicinity of a hazardous liquid pipeline represents an unusually high risk in the event of a pipeline failure due to characteristics of the inhabitants or functions of the use. High consequence land uses include:
1. Land uses that involve a high-density on-site population that are more difficult to evacuate. These uses include:
• Schools (through grade 12).
• Hospitals, clinics, and other facilities primarily for use by the elderly or handicapped, other than those within single-family residences.
• Stadiums or arenas.
• Day care centers, and does not extend to family day care or adult family homes.
2. Land uses that serve critical “lifeline” or emergency functions, such as fire and police facilities, utilities providing regional service, or water supplies if exposed to a significant risk that will curtail its lifeline function for a critical period of time. Utilities that provide system redundancies so that lifeline functions are not curtailed for a critical period of time are not considered high consequence land uses.
3. Uses with similar characteristics as determined by the Planning Official. (Ord. 4520 § 1, 2016; Ord. 4371 § 1, 2012)
.360 High Density Residential Zones
The following zones: RM 2.4; RMA 2.4; RM 1.8; RMA 1.8; PLA 5A, D, E; PLA 6A, D, I, J; PLA 7A, B; HENC 2; and TL 1B. (Ord. 4637 § 3, 2018; Ord. 4196 § 1, 2009; Ord. 3972 § 1, 2004; Ord. 3814 § 1, 2001)
.361 High Density Use
Detached, attached, or stacked dwelling units on a subject property that contains less than 3,600 square feet of land per dwelling unit. (Ord. 4193 § 1, 2009)
.361.5 High Landslide Hazard Areas
1. Areas that have shown movement during the Holocene epoch (from 10,000 years ago to the present) or that are underlain or covered by mass wastage debris of that epoch; or
2. Areas with both of the following characteristics:
a. Slopes steeper than 15 percent that intersect geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment; and
b. Springs; or
3. Areas potentially unstable because of rapid stream incision, stream bank erosion, or undercutting by wave action; or
4. Any area with a slope of 40 percent or steeper over a height of at least 10 feet.
5. For areas meeting the criteria of subsections (1) through (4) of this definition, the high landslide hazard area also includes the area within a horizontal distance “H” equal to either the height of the slope or 50 feet, whichever is greater. (Ord. 4643 § 4, 2018)
.361.7 High Performing Building
Buildings that generally use less energy and water, reduce surface water impacts, and are designed and built with sustainable and healthy materials. (Ord. 4788 § 1, 2022)
.362 High Technology Use
A place of employment engaging in research, development and testing, assembly, office and manufacturing, including industries in biotechnology, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software.
.365 High Waterline
This term has the same meaning as “ordinary high waterline.” (Ord. 4252 § 1, 2010)
.370 Home Occupation
An occupation, enterprise, activity, or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit, and which is not an otherwise permitted use in the zone in which it is pursued.
.375 Horizontal Dimension
The length of the facade of a structure, including covered decks, as measured along a plane, excluding eaves that extend out to a maximum of 18 inches from the exterior walls of a structure. (Ord. 3814 § 1, 2001)
.380 Hospital
An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, out-patient facilities, extended care facilities or training facilities.
.385 Hotel or Motel
A facility providing lodging and related services for a charge, typically for a period of one (1) month or less. “Hotel” or “motel” shall include inns, residence or extended stay hotels, other similar facilities, and all businesses subject to collection and payment of the tax levied by Chapter 67.28 RCW or City code. “Hotel” or “motel” does not include accessory dwelling unit, assisted living facility, bed and breakfast house, convalescent center, dwelling unit, nursing home, residential use, or special needs housing. (Ord. 3852 § 1, 2002)
.387 Household Annual Income
The aggregate annual income of all persons over 18 years of age residing within the same household for a period of at least four (4) months. (Ord. 3938 § 1, 2004)
.389 Impervious Surface
Impervious surface means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions before development; or that causes water to run off the surface in greater quantities or at an increased rate of flow compared to the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, or storage areas, areas that are paved, graveled or made of packed or oiled earthen materials or other surfaces that similarly impede the natural infiltration of surface water or storm water. Open, uncovered flow control or water quality treatment facilities shall not be considered impervious surfaces. Impervious surfaces do not include pervious surfaces as defined in this chapter. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.390 Improvement
Any structure or manmade feature.
.395 Industrial Use
The uses allowed in the industrial zones and not permitted in any other zones.
.400 Industrial Zones
The following zones: LIT; PLA 6G; TL 7; and TL 9A. (Ord. 4051 § 1, 2006; Ord. 4037 § 1, 2006; Ord. 3814 § 1, 2001)
.403 In-Kind Compensation or Mitigation
To replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. (Ord. 4551 § 4, 2017)
.405 Inner Harbor Line
The line designated as such on the Zoning Map.
.410 Institutional Uses
The following uses: schools, churches, colleges, universities, hospitals, parks, governmental facilities and public utilities. (Ord. 4701 § 1, 2020; Ord. 4252 § 1, 2010; Ord. 4030 § 1, 2006)
.415 Institutional Zones
The following zones: P; PLA 1; TL 3A through TL3D; and PLA 14. (Ord. 3972 § 1, 2004; Ord. 3900 § 2, 2002; Ord. 3814 § 1, 2001)
.430 International Building Code
The International Building Code and related codes as amended and adopted in KMC Title 21. (Ord. 4320 § 1, 2011)
.440 Irrevocable License
A written irrevocable permission given by a property owner to the City for specified purposes.
.442 Isolated Wetland
A wetland that is hydrologically isolated from other aquatic resources, or as determined by the United States Army Corps of Engineers (USACE). (Ord. 4551 § 4, 2017)
.445 Isolation
When a use abuts or is directly across the street from high density or higher intensity uses, on at least three (3) sides.
.450 Kennel
An establishment, generally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats.
.455 Land Surface Modification
The clearing or removal of shrubs, groundcover and other vegetation, excluding trees, and all grading, excavation and filling of materials. (Ord. 4151 § 1, 2008)
.465 Landscaping
The movement and displacement of earth, topsoil, rock, bark and similar substances and/or associated planting, removal and maintenance of vegetation. (Ord. 4684 § 1, 2019)
.467 Landslide Hazard Areas
Areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. Includes high and moderate landslide hazard areas. (Ord. 4643 § 4, 2018)
.470 Landward
Toward dry land.
.470.5 Light Trespass
Unwanted light which, because of quantitative, directional or spectral attributes in a given contact, gives rise to annoyance, discomfort, distraction, or a reduction in the ability to see essential information. (Ord. 4030 § 1, 2006)
.475 Linear Frontage of Subject Property
The frontage of the subject property adjacent or parallel to all open improved public rights-of-way. Frontage adjacent to I-405 is not applicable except for properties within TL 4A and TL 6B (east of 116th Avenue NE). If the subject property does not have frontage on an open improved right-of-way, the frontage of any public access easements which serve the subject property and unopened rights-of-way which front on the subject property is the linear frontage of the subject property. (Ord. 4051 § 1, 2006; Ord. 4037 § 1, 2006; Ord. 4030 § 1, 2006)
.480 Lot
A parcel of land having fixed boundaries, sufficient in area and dimension to meet zoning requirements for width and area, having common ownership and not severed by an existing public right-of-way.
.482 Lot Size
The total area of the subject property minus the area of vehicular access easements or tracts serving more than one (1) lot not abutting a right-of-way.
.485 Low Density Use
A detached dwelling unit on a subject property that contains at least 5,000 square feet of land; or attached or stacked dwelling units on a subject property that contains at least 7,200 square feet of land per dwelling unit. (Ord. 4193 § 1, 2009; Ord. 4078 § 2, 2006)
.490 Low Density Zones
The following zones: RS 35; RSX 35; RS 12.5; RSX 12.5; RS 8.5; RSX 8.5; RSA 8; RS 7.2; RSX 7.2; RS 6.3; RSA 6; RS 5.0; RSX 5.0; RSA 4; RSA 1; PLA 3C; PLA 6E; PLA 16; WD II; and comparable zones in other adjoining jurisdictions, except properties with approved intent to rezones to zoning designations other than low density. (Ord. 4506 § 2, 2015; Ord. 4333 § 1, 2011; Ord. 4196 § 1, 2009; Ord. 4078 § 2, 2006; Ord. 3814 § 1, 2001)
.490.5 Low Impact Development (LID)
A storm water management and land development strategy applied at the parcel and the subdivision scale that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, the use of on-site natural features, site planning, and distributed storm water management practices that are integrated into a project design. (Ord. 4701 § 1, 2020; Ord. 4437 § 1, 2014; Ord. 4350 § 1, 2012)
.490.7 Low Impact Development Project Site
The site or portion of a site that utilizes low impact development storm water techniques and facilities pursuant to Chapter 114 KZC. (Ord. 4437 § 1, 2014)
.491 Low Income Household
One (1) or more adults and their dependents whose income does not exceed 50 percent of the median household income for King County, adjusted for household size, as published by the United States Department of Housing and Urban Development. (Ord. 3938 § 1, 2004; Ord. 3814 § 1, 2001)
.492 Low Income Unit
A housing unit for which the monthly housing expense, including an appropriate utility allowance, is no greater than 30 percent of the median monthly income for a low income household. (Ord. 3814 § 1, 2001)
.495 Major Pedestrian Sidewalk
A public sidewalk in a Design District that is designated in Plate 34 of Chapter 180 KZC. (Ord. 4097 § 1, 2007)
.500 Marquee Sign
Any sign which forms part of, or is integrated into, a marquee or canopy and which does not extend horizontally beyond the limits of such marquee or canopy.
.505 Master Plan
A complete development plan for the subject property showing placement, dimensions and uses of all structures as well as streets and other areas used for vehicular circulation.
.510 Maximum Lot Coverage
The maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils.
.513 Maximum Units per Acre
Within RSA and PLA 3C zones, the maximum allowed number of dwelling units shall be computed by multiplying the gross area of the subject property by the applicable residential density number per acre shown on the Zoning Map. In the RSA zone, for the purpose of calculating the maximum units per acre, all road dedications and vehicular access easements and tracts shall be included in the calculation for density. The maximum development potential requirements of Chapters 83 and 90 KZC shall apply. (Ord. 4701 § 1, 2020; Ord. 4333 § 1, 2011; Ord. 4196 § 1, 2009)
.515 Medium Density Use
Detached dwelling units on a subject property that contains at least 3,600 square feet of land per dwelling unit but not more than 4,999 square feet of land per dwelling unit; or attached or stacked dwelling units on a subject property that contains at least 3,600 square feet of land per dwelling unit but not more than 7,199 square feet of land per dwelling unit. (Ord. 4193 § 1, 2009)
.520 Medium Density Zones
The following zones: RM 5.0; RMA 5.0; RM 3.6; RMA 3.6; WD I; WD III; TL 9B; TL 11; PLA 2, 3B; PLA 6F, H, K; PLA 7C; PLA 9; PLA 15B; and PLA 17. (Ord. 4450 § 1, 2014; Ord. 4196 § 1, 2009; Ord. 3889 § 2, 2003; Ord. 3814 § 1, 2001)
.527 Mini-Day-Care Center
A day-care operation with no more than 12 attendees at any one (1) time, not including immediate family members who reside in the center or employees of the mini-day-care center. (Ord. 3814 § 1, 2001)
.528 Mini-School
A school operation with no more than 12 attendees at any one (1) time, not including immediate family members who reside in the school or employees of the mini-school. (Ord. 3852 § 1, 2002; Ord. 3814 § 1, 2001)
.529 Minor Improvements
Walkways, pedestrian bridges, benches, and similar features, as determined by the Planning Official. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.530 Minor Lake
Forbes Lake and Totem Lake. (Ord. 4551 § 4, 2017)
.532 Mitigation
A sequence of measures to avoid, minimize and mitigate for impacts, as follows:
1. Avoid the impact altogether by not taking a certain action or parts of actions;
2. Minimize impacts by limiting the degree or magnitude of the action and its implementation;
3. Rectify the impact by repairing, rehabilitating, or restoring the affected environment;
4. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action;
5. Compensate for the impact by replacing or providing substitute resources or environments; and/or
6. Monitor the impacts and compensation projects and take appropriate corrective measures. (Ord. 4551 § 4, 2017)
.534 Mitigation Service Area
The geographic area within which impacts can be mitigated at a specific mitigation bank or an in-lieu-fee program, as designated in its instrument. (Ord. 4551 § 4, 2017)
.536 Moderate Income Household
One (1) or more adults and their dependents whose income exceeds 50 percent, but does not exceed 80 percent, of the median household income for King County, adjusted for household size, as published by the United States Department of Housing and Urban Development. (Ord. 3938 § 1, 2004; Ord. 3814 § 1, 2001)
.536.5 Moderate Income Unit
A housing unit for which the monthly housing expense, including an appropriate utility allowance, is no greater than 30 percent of the median monthly income for a moderate income household. (Ord. 3814 § 1, 2001)
.536.7 Moderate Landslide Hazard Area
Areas with slopes between 15 percent and 40 percent which do not meet the definition of high landslide hazard area. (Ord. 4643 § 4, 2018)
.537 Modify
As used in Chapters 75 and 125 KZC, the word “modify” means to allow or require a deviation from the provisions of this code. (Ord. 3814 § 1, 2001)
.538 Modulation
The recessing back or projecting forward of a portion of a building face or roof within specified intervals of building width and depth, as a means of breaking up the apparent bulk of the building’s continuous exterior walls.
.539 Monitoring
Evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems, and assessing the performance of required mitigation measures through the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features. Monitoring includes gathering baseline data. (Ord. 4551 § 4, 2017)
.540 Monument Sign
A ground-mounted sign which is higher than five (5) feet above the average ground elevation and which is attached to the ground by means of a wide base of solid appearance. See Plate 13 in Chapter 180 KZC for a graphic depiction of a monument sign.
.545 Moorage Facility
A pier, dock, or other structure providing docking or moorage space or a buoy for waterborne pleasure craft. For properties within jurisdiction of the Shoreline Management Act, see Chapter 83 KZC. (Ord. 4252 § 1, 2010)
.550 Multi-Use Complex
All of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses or a group of uses on separate but adjoining properties that request treatment as a multi-use complex.
.553 Native Vegetation
Vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. (Ord. 4551 § 4, 2017)
.555 Natural Features
Physical characteristics of the subject property that are not manmade.
.560 Natural Materials
Materials chemically unaltered from their natural state.
.562 Net Zero Energy (NZE) Building
Buildings that are energy efficient and produce as much energy as the buildings use on an annual basis. (Ord. 4788 § 1, 2022)
.563 Net Zero Energy Ready (NZER) Building
Buildings that are constructed using the same energy efficiency specifications as a net zero energy building, but without the same energy production requirements. (Ord. 4788 § 1, 2022)
.565 Noise
The intensity, duration and character of sound from any and all sources.
.570 Nonconformance
Any use, structure, lot, condition, activity or any other feature or element of non-City-owned property or the use or utilization of non-City-owned property that does not conform to any of the provisions of this code or that was not approved by the City through the appropriate decision-making process required under this code. (Ord. 3814 § 1, 2001)
.572 Nursing Home
Facilities providing convalescent or chronic care, or both, for a period in excess of 24 consecutive hours for patients who, by reason of illness or infirmity, are unable to properly care for themselves; and provided, that the operation or maintenance of the premises is such that it is required to be licensed as a nursing home under Chapter 18.51 RCW.
.580 Odor
Stimulus affecting the olfactory nerves.
.590 Office Use
A place of employment providing services other than production, distribution or sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary; accounting; architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate; insurance; travel agent; brokerage; computer programming or consulting; data processing; technical, specialty or professional schools; or other similar services. The following uses are specifically excluded from the definition of office: banks, loan companies and similar financial institutions. (Ord. 4072 § 1, 2007)
.595 Office Zones
The following zones: PO; PR 8.5; PR 5.0; PR 3.6; PR 2.4; PR 1.8; PRA 1.8; JBD 3; PLA 5B, C; PLA 6B; PLA 15A; PLA 17A; MSC 1; MSC 4; NRH 2; NRH 3; NRH 5; NRH 6; RH 8; TL 1A; TL 10A, TL 10B, TL 10C, TL 10D and TL 10E. (Ord. 4855 § 1, 2023; Ord. 4333 § 1, 2011; Ord. 4196 § 1, 2009; Ord. 4121 § 1, 2008; Ord. 4051 § 1, 2006; Ord. 4037 § 1, 2006; Ord. 4030 § 1, 2006; Ord. 3972 § 1, 2004; Ord. 3889 § 2, 2003; Ord. 3814 § 1, 2001)
.600 Official Newspaper of the City
The publication designated by ordinance or resolution to contain official newspaper publications for City government.
.605 Official Notification Boards of the City
The bulletin boards in the public areas of City Hall and the Kirkland Public Library.
.606 Off-Site Compensation
To replace critical areas away from the site on which a critical area has been impacted. (Ord. 4551 § 4, 2017)
.606.5 On-Site Compensation
To replace critical areas at or adjacent to the site on which a critical area has been impacted. (Ord. 4551 § 4, 2017)
.607 On-Site Hazardous Waste Treatment and Storage Facilities
Facilities which treat and store hazardous wastes generated on the same lot, geographically contiguous, or bordering property. Travel between two (2) properties divided by a public right-of-way, and owned, operated, or controlled by the same person, shall be considered on-site travel if: (a) the travel crosses the right-of-way at a perpendicular intersection, or (b) the right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(59)).
.610 Open Space
Vegetated and pervious land not covered by buildings, roadways, sidewalks, driveways, parking areas, plazas, terraces, swimming pools, patios, decks, or other similar impervious or semi-impervious surfaces. (Ord. 4350 § 1, 2012)
.610.5 Operational Carbon
The amount of carbon emitted during the operational or in-use phase of a building. This includes the use, management, and maintenance of a product or structure. (Ord. 4788 § 1, 2022)
.611 Ordinary High Water Mark
The mark that will be found on all lakes and streams 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 June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology; provided, that in any area where the OHWM cannot be found, the OHWM adjoining fresh water shall be the line of mean high water, or as amended by the state. For Lake Washington, the OHWM corresponds with a lake elevation of 18.5 feet, based on the NAVD 88 datum. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.612 Ordinary High Waterline or High Water Mark
The mark on the shores of all waters 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 ordinary years, as to mark upon the soil or vegetation a character distinct from that of the abutting upland; provided, that in any area where the ordinary high waterline cannot be found, the ordinary high waterline adjoining freshwater shall be the elevation of the mean annual flood. This term has the same meaning as “high waterline.” (Ord. 4701 § 1, 2020; Ord. 4252 § 1, 2010)
.615 Oriented
Facing or directed toward.
.620 Outdoor
Not contained within a building.
.622 Outdoor Storage
Any material, including items for storage or sale, lease, processing and repair (including vehicles), not in an enclosed structure.
.625 Outer Harbor Line
The line designated as such on the Zoning Map.
.627 Out-of-Kind Wetland Compensation or Mitigation
To replace wetland or habitat with substitute wetlands or habitat whose characteristics do not closely approximate those adversely affected, destroyed, or degraded by a regulated activity. (Ord. 4551 § 4, 2017)
.630 Owner
In reference to property, the person listed at the King County Assessor’s Office as paying the property taxes on the subject property.
.631 Parking Aisle
The area within a parking area (single loaded or double loaded) providing direct access to a parking space. (Ord. 4703 § 1, 2019)
.632 Parking Area
Any area designed and/or used for parking vehicles.
.633 Parking Lot
An outdoor parking area, excluding outdoor storage or display areas of vehicles or boats for sale or lease.
.635 Parking Space
An area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use.
.640 Pedestal Sign
A ground-mounted sign which is no higher than five (5) feet above average ground elevation. See Plate 12 in Chapter 180 KZC for a graphic depiction of pedestal signs.
.645 Pedestrian Orientation
Pertaining to facilities which encourage pedestrian movement and are designed and oriented toward use by pedestrians.
.647 Pedestrian-Oriented Street
A street that is designed to encourage pedestrian movement and pedestrian orientation in relationship to buildings in Design Districts. Plate 34 of Chapter 180 KZC designates the locations of pedestrian-oriented streets. (Ord. 4097 § 1, 2007)
.649 Pedestrian Pathway
A public or private pedestrian way. Pedestrian pathways are designated in Plate 34 of Chapter 180 KZC, Chapter 105 KZC or elsewhere in the Zoning Code, the Nonmotorized Transportation Plan, Design Guidelines, or the Comprehensive Plan. (Ord. 4097 § 1, 2007)
.650 Person
Any individual, partnership, association, corporation, unit of government or any other legal entity.
.651 Pervious Surface
As opposed to impervious surfaces, these are surfaces that allow water to infiltrate into the ground. Pervious surfaces include pervious paving, lawn, landscaping, bare ground, wood chips, pasture and native vegetation areas. For the purposes of compliance with storm water development regulations, impervious and pervious surfaces are defined pursuant to Chapter 15.52 KMC. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.652 Petition
A written document providing input to, or requesting or demanding some action from, the City government, signed by more than one (1) person, except when those persons are members of a family. (Ord. 3954 § 1, 2004)
.655 Planning and Building Department
The Planning and Building Department of the City of Kirkland. (Ord. 4491 § 3, 2015)
.660 Planning and Building Director1
The Director of the Planning and Building Department of the City of Kirkland or the acting Director of that department. (Ord. 4491 § 3, 2015)
.665 Planning Official
The Planning and Building Director or designee. (Ord. 4650 § 1, 2018; Ord. 4491 § 3, 2015)
.667 Plug-in-Hybrid Electric Vehicle (PHEV)
An electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (4) has the ability to travel powered by electricity. (Ord. 4350 § 1, 2012)
.670 Pole Sign
Any ground-mounted sign that does not meet the definitions of monument or pedestal signs and which is composed of two (2) chief elements: the sign face and the sign pole or pylon which connects the sign face to the ground.
.680 Portable Outdoor Sign
An outdoor sign that is not permanently or securely attached to the ground or a structure. (Ord. 3814 § 1, 2001)
.682 Preferential Parking
Parking for carpools, HOVs, high efficiency/low emission electric and alternative fuel vehicles. (Ord. 4350 § 1, 2012)
.685 Primary Vehicular Access
The major street from which the majority of vehicles enter the subject property. For single-family residential lots which contain a garage or carport, the right-of-way providing access to the garage or carport.
.695 Private Club
An association of persons organized for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
.715 Projecting Sign
A sign, other than a wall-mounted or marquee sign, which is attached to and projects from a structure or building face.
.720 Property Line
Those lines enclosing a lot and those lines defining a recorded vehicular access easement. The following are categories of property lines:
1. Front property line is any property line that is adjacent to a street or vehicular access easement or tract more than 21 feet in width, except when said vehicular access easement or tract:
a. Is located entirely on an adjacent lot or lots and does not serve the subject property; or
b. Encompasses a hammerhead turnaround required by the Fire Department, whether or not it is located on or serves the subject property.
Neither the Cross Kirkland Corridor railbanked rail corridor, the Eastside Rail Corridor, nor the I-405 or SR-520 rights-of-way shall be considered front property lines.
2. Rear property line is any property line that is:
a. Farther from and essentially parallel to a front property line except on a lot which contains two (2) or more front property lines; or
b. Adjacent to a street, alley or vehicular access easement or tract 21 feet or less in width, except when said vehicular access easement or tract serves only one (1) lot, or is located entirely on an adjacent lot or lots and does not serve the subject property; or
c. Adjacent to a vehicular access easement or tract which encompasses a hammerhead turnaround required by the Fire Department.
3. Side property line is any property line other than a front property line or a rear property line, or in Waterfront District Zones, any property line other than a front or ordinary high water mark. (Ord. 4781 § 1, 2022; Ord. 4408 § 1, 2013; Ord. 4252 § 1, 2010; Ord. 3954 § 1, 2004; Ord. 3852 § 1, 2002; Ord. 3814 § 1, 2001)
.725 Public Access
A portion of private property subject to an easement giving the public the right to stand on or traverse this portion of the property. For properties within jurisdiction of the Shoreline Management Act, see Chapter 83 KZC. (Ord. 4252 § 1, 2010)
.727 Public Access Pier or Boardwalk
An elevated structure which is constructed waterward of the ordinary high water mark and intended for public use. (Ord. 4252 § 1, 2010)
.728 Public Agency
Any agency, political subdivision or unit of government including, but not limited to, municipal corporations, special purpose districts and local service districts, any agency of the state of Washington, the United States or any state thereof or any Indian tribe recognized as such by the federal government. (Ord. 4551 § 4, 2017)
.729 Public Facility
A public facility can be any facility, including, but not limited to, buildings, property, recreation areas, trails, bike paths, sidewalks, and roads, which is owned, leased, or otherwise operated or funded by a governmental body or public entity. (Ord. 4664 § 1, 2018)
.730 Public Park
A natural, landscaped, or developed area, which may or may not contain structures, provided by a unit of government to meet the active or passive, outdoor or indoor, recreational needs of people. (Ord. 3814 § 1, 2001)
.735 Public Works Director
The Director of the Department of Public Works.
.737 Public Works Official
Public Works Department employees designated by the Public Works Director to perform specific functions identified in this code. (Ord. 3814 § 1, 2001)
.740 Public Use Area
A portion of private property that is dedicated to public use and which contains one (1) or more of the following elements: benches, tables, lawns, gardens, piers, exercise or play equipment or similar improvements or features. These elements are to provide the public with recreational opportunities in addition to the right to traverse or stand in this area.
.745 Public Utility
A private business organization such as a public service corporation, including physical plant facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, sewer pump stations, electric power, telephone, cable television, gas and transportation for persons and freight. For the purposes of this code, public utility does not include wireless service facilities. (Ord. 4520 § 1, 2016; Ord. 3814 § 1, 2001)
.746 Public Utility, Electrical Transmission Lines
An electrical line of 115kV or greater that distributes electrical power between transmission switching and transmission stations and between distribution substations, and which links generators to such stations. (Ord. 4520 § 1, 2016)
.748 Qualified Critical Area and Shorelines Professional
A qualified professional for critical areas and shorelines projects shall have a minimum of five (5) years of experience in the pertinent scientific discipline and experience in preparing critical area or shoreline reports. A qualified critical area or shorelines professional must have obtained a Bachelor’s degree in biology, engineering, geology, environmental studies, fisheries, geomorphology, or a related field. The Planning Official may require professionals to demonstrate the basis for qualifications and shall make the final determination as to qualifications. A qualified professional must meet the following specific professional requirements, dependent upon the type of critical area on the subject property or shoreline project that is proposed:
1. Wetlands and streams qualified professional:
a. Shall be certified as a professional wetland scientist; and
b. Have at least five (5) years of full-time work experience delineating wetlands using the state or federal manuals, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans.
2. Fish and wildlife habitat conservation areas qualified professional: A professional biologist, with a degree in biology or a related degree, with experience preparing reports for the relevant type of species.
3. Geologically hazardous area qualified professional: A professional engineer, geologist or hydrogeologist, licensed in the state of Washington, with experience analyzing geologic, hydrologic, and groundwater flow systems, and who has experience preparing reports for the relevant type of hazard.
4. Shorelines qualified professional: A professional engineer, geologist or hydrologist, licensed in the state of Washington, with knowledge of shoreline stabilization measures, or a biologist, with a degree in biology or a related degree, and including a professional wetland scientist, a certified arborist, or a shoreline designer or other consultant familiar with lakeshore processes and shore stabilization. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.749 Quantitative Slope Stability Analysis
A study performed to assess the safe design of human-made or natural slopes and the equilibrium conditions. (Ord. 4643 § 4, 2018)
.750 R.S. Driveway
A driving surface which serves one (1) dwelling unit.
.755 Radio Tower
A structure whose purpose or accessory purpose is the transmission of radio waves and the supporting structure for the transmission antenna or device.
.756 Rapid Charging Station
An industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. (Ord. 4350 § 1, 2012)
.757 Readerboard
A sign or part of a sign specifically designed to allow for the convenient display of temporary messages without alteration of the sign field, and on which the letters are readily replaceable such that the copy can be changed from time to time at will, either by hand or through electronic programming. (Ord. 4193 § 1, 2009; Ord. 3954 § 1, 2004)
.760 Repair and Maintenance
For properties within the jurisdiction of the Shoreline Management Act, see Chapter 83 KZC. Otherwise, an activity that restores the character, scope, size, and design of a structure to its previously authorized and undamaged condition. Activities that drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition. Examples of repair and maintenance include painting; replacement of siding, windows, or roofing; changing doors to windows and windows to doors, but not including reconstruction or replacement of the entire structure, including exterior bearing walls. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.770 Replacement Cost
The current cost to construct or reconstruct a structure or part of the structure based on the Building Valuation Data published by the International Conference of Building Officials.
.775 Required Yard
Those areas adjacent to and interior from the property lines and involving the following designations (if two (2) required yards are coincidental, the yard with the greater dimensions shall predominate):
1. Front: That portion of a lot adjacent to and parallel with any front property lines and at a distance therefrom equal to the required front yard depth.
2. Rear: That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth.
3. Side: That portion of a lot adjacent to and parallel with the side property line and at a distance therefrom equal to the required side yard depth. All yards not otherwise categorized shall be designated side yards. (Ord. 4252 § 1, 2010)
.778 Residential Suites
A structure containing single room living units with a minimum floor area of 120 square feet and maximum floor area of 350 square feet offered on a monthly basis or longer where residents share bathroom and/or kitchen facilities. “Residential suites” does not include dwelling units, assisted living facility, bed and breakfast house, convalescent center, nursing home, facility housing individuals who are incarcerated as the result of a conviction or other court order, or secure community transition facility. For purposes of zones where minimum density or affordable housing is required, each living unit shall equate to one (1) dwelling unit. (Ord. 4381 § 1, 2012)
.780 Residential Use
Developments in which persons sleep and prepare food, other than developments used for transient occupancy.
.785 Residential Zone
The following zones: RS 35; RSX 35; RS 12.5; RSX 12.5; RS 8.5; RSX 8.5; RSA 8; RS 7.2; RSX 7.2; RS 6.3; RSA 6; RS 5.0; RSX 5.0; RSA 4; RSA 1; RM 5.0; RMA 5.0; RM 3.6; RMA 3.6; RM 2.4; RMA 2.4; RM 1.8; RMA 1.8; WD I; WD II; WD III; TL 1B; TL 9B; TL 11; PLA 2; PLA 3B; PLA 3C; PLA 5A, D, E; PLA 6A, D, E, F, H, I, J, K; PLA 7A, B, C; PLA 9; PLA 15B; PLA 16; PLA 17; HENC 2. (Ord. 4749 § 1, 2021; Ord. 4637 § 3, 2018; Ord. 4437 § 1, 2014; Ord. 4333 § 1, 2011; Ord. 4196 § 1, 2009; Ord. 4078 § 2, 2006; Ord. 4051 § 1, 2006; Ord. 4037 § 1, 2006; Ord. 3852 § 1, 2002; Ord. 3814 § 1, 2001)
.790 Restaurant or Tavern
Commercial use which sells prepared food or beverages and where the seating and associated circulation areas exceed 10 percent of the gross floor area of the use. (Ord. 4121 § 1, 2008)
.795 Retail Establishment
A commercial enterprise which provides goods and/or services directly to the consumer, whose goods are available for immediate purchase and removal from the premises by the purchaser and/or whose services are traditionally not permitted within an office use. The sale and consumption of food are included if: (a) the seating and associated circulation area does not exceed more than 10 percent of the gross floor area of the use, and (b) it can be demonstrated to the City that the floor plan is designed to preclude the seating area from being expanded.
.800 Retention of Storm Water
The collection of water, due to precipitation, in a given area and the dispersal of these waters through the natural process of groundwater recharge and evaporation or the incorporation of this collection area into a natural stream and lake system and setting.
.805 Right-of-Way
Land dedicated primarily to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices.
.810 Right-of-Way Realignment
The changing of the horizontal position of the right-of-way.
.815 Roofline
The line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard.
.816 Rooftop Amenities
Structures such as landscape planters, guards or railings, decking material, seating, play equipment, kitchen and/or barbecue elements, hot tubs, animal runs, fire pits, umbrellas, trellises, and similar temporary or permanent items that are on a building rooftop, available to all building occupants, and do not provide exclusive use to any specific units/suites or group of units/suites. (Ord. 4720 § 1, 2020)
.817 Rooftop Appurtenances
HVAC equipment, mechanical or elevator equipment and penthouses, roof access stair enclosures, and similar equipment or appurtenances that extend above the roofline of a building, but not including personal wireless service facilities as defined by KZC 117.15 or solar panels as defined by KZC 5.10.881.1. (Ord. 4720 § 1, 2020; Ord. 4350 § 1, 2012; Ord. 3919 § 1, 2003)
.818 Rooftop Common Room
An exterior covered area or an interior enclosed space on a building rooftop that is available to all building occupants and does not provide exclusive space to any specific units/suites or group of units/suites. (Ord. 4720 § 1, 2020)
.820 Runoff
The overland or subsurface flow of water.
.823 Salmonid
A member of the fish family salmonidae, which include chinook, coho, chum, sockeye, and pink salmon; rainbow, steelhead, and cutthroat trout; brown trout; brook and dolly varden char, kokanee, and white fish. (Ord. 4551 § 4, 2017)
.824 School
A school operation with 13 or more attendees at any one (1) time, not including immediate family members who reside in the school or employees. (Ord. 3954 § 1, 2004)
.825 School Operation
Any institution of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in the public, private and parochial schools. (Ord. 3954 § 1, 2004)
.825.5 Scrub-Shrub Wetland
A wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata. (Ord. 4551 § 4, 2017)
.826 Secure Community Transition Facility (SCTF)
A facility as defined by RCW 71.09.020, now or as hereafter amended. (Ord. 3853 § 1, 2002)
.827 Seismic Hazard Areas
Those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, which typically occurs in areas underlain by cohesionless soils of low density, usually in association with a shallow groundwater table. (Ord. 4643 § 4, 2018)
.832 Senior Citizen Household
A household which consists of people, all of whom are age 62 or older.
.835 Shared Access Points
A common point of vehicle access from a right-of-way or vehicular access easement or tract for more than one (1) lot or use.
.836 Shelter
A community facility which serves the public in providing temporary housing accommodations and is owned, operated or managed by a nonprofit organization or governmental entity, the primary purpose of which is to provide temporary shelter for people experiencing homelessness in general or for specific populations of the homeless. (Ord. 4619 § 1, 2017)
.837 Shoreline Management Act
The Act as adopted under the authority of Chapter 90.58 RCW and Chapter 173-26 WAC. (Ord. 4252 § 1, 2010)
.840 Shoreline Master Program
Consists of Chapters 83 and 141 KZC, the Shoreline Area Chapter of the Kirkland Comprehensive Plan and the City of Kirkland Restoration Plan adopted under the authority of Chapter 90.58 RCW. (Ord. 4252 § 1, 2010)
.845 Sign
Any communication device, structure, or fixture which is intended to identify a building, use, business, or event, or to promote the sale of a product, goods, or service, using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs. If a design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign.
.850 Sign Area
The entire area of a sign on which copy is to be placed. Sign structure, architectural embellishments, framework and decorative features which contain no written or advertising copy are not included. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign field containing the advertising message; provided, however, that individual letters using a wall as the background, without added decoration or change in wall color, have sign area calculated by measuring the perimeter enclosing each letter and totalling the square footage of these.
.852 Sign Field
The background upon which the graphics, letters, figures, symbols, trademark, or written copy of a sign are placed.
.855 Significant Natural Area
Any area containing a concentration of significant trees or an area of significant biological importance.
.860 Significant Tree
Any tree that is at least six (6) inches in diameter measured at 4.5 feet from the ground (diameter at breast height). (Ord. 4010 § 3, 2005)
.865 Silt or Sediment
The soil particles mobilized and deposited by the processes of erosion and deposition.
.868 Single-Family Dwelling or Single-Family Residence or Single-Family Structure
An attached or detached dwelling unit designed for and occupied by one (1) family, situated on an individually owned lot, whether or not that lot also contains an accessory dwelling unit. (Ord. 3954 § 1, 2004)
.870 Single Use Building
A building which contains one (1) use.
.875 Sloping Rip Rap Design
Embankment protection created by the overlaying of rocks over a natural embankment or over a cut in the embankment, and designed to dissipate waves such that any deflected waves do not cause harm to other embankments.
.880 Small Animals
Dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), and foxes, bob cats and similar small wild animals.
.881 Soft Compressible Soils
Soils susceptible to a decrease in volume when subjected to load.
.881.1 Solar Collector
Any of various devices for the absorption of solar radiation for the heating of water or buildings or the production of electricity. (Ord. 4437 § 1, 2014)
.881.2 Solar Panel
A panel designed to absorb the sun’s rays for generating electricity or heating. (Ord. 4437 § 1, 2014; Ord. 4350 § 1, 2012)
.882 Solid Screening Enclosure
A physical and visual screen, constructed of solid, durable, and non-reflective material, the appearance of which is complementary to the architecture of the building or landscaping of the site upon which it is located. (Ord. 3814 § 1, 2001)
.882.1 Solid Screening Fence
A uniformly finished fence at least six (6) feet high which is opaque or perforated; provided, that no more than 50 percent of the face is open. A chain-link fence with slats woven through the chain links shall not be considered a solid screening fence. (Ord. 3814 § 1, 2001)
.883 Special Needs Housing
Housing which is specifically designed and maintained to meet the needs of senior citizen households; mentally, physically or emotionally impaired persons; or low income households.
.883.5 Species
Any group of animals or plants classified as a species as commonly accepted by the scientific community. (Ord. 4551 § 4, 2017)
.883.10 Species, Listed
Any species listed under the federal Endangered Species Act or state endangered, threatened, and sensitive, or priority lists (see WAC 232-12-297 or “Priority Habitat and Species List,” Washington State Department of Fish and Wildlife, as revised). (Ord. 4551 § 4, 2017)
.884 Specified Anatomical Areas
Both of the following:
1. Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttock;
c. Breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
.885 Specified Sexual Activities
All of the following:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast.
.885.1 Step Back
An upper story building step back is the horizontal distance between a building facade and the building facade of the floor below. (Ord. 4637 § 3, 2018)
.886 Storm Drainage
The movement of water, due to precipitation, either surficially or subsurficially.
.887 Storm Water Dispersion Device
Devices that disperse storm water, such as flow spreaders and rock pads. (Ord. 4551 § 4, 2017)
.888 Storm Water Dispersion Flow Path
The route that storm water runoff follows after release from a storm water dispersion device. The route is designed to disperse water over a vegetated substrate. (Ord. 4551 § 4, 2017)
.890 Story
That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under floor space is more than six (6) feet above finished grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above finished grade as defined herein at any point, such usable or unused under floor space shall be considered a story. (Ord. 3814 § 1, 2001)
.895 Stream
Areas where surface waters produce a defined channel or bed that demonstrates clear evidence of the passage of water, including but not limited to bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year-round, provided there is evidence of at least intermittent flow during years of normal rainfall. Streams do not include irrigation ditches, canals, storm or surface water runoff devices, or other entirely artificial watercourses, unless they are used by salmonids or convey a naturally occurring stream that has been diverted into the artificial channel, or are created for the purposes of stream mitigation. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017; Ord. 4252 § 1, 2010)
.897 Stream Channel Stabilization
Actions to stabilize a steam bank to prevent or limit erosion or risk of slope failure. (Ord. 4551 § 4, 2017)
.898 Stream Types
1. Type F: means segments of natural waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal low water and which contain fish habitat pursuant to WAC 222-16-030, as amended.
2. Type Np: means all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitat streams. Perennial streams are flowing waters that do not go dry any time of a year of normal rainfall and include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow pursuant to WAC 222-16-030, as amended.
3. Type Ns: means all segments of natural waters within the bankfull width of the defined channels that are not Type F, or Np waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and are not located downstream from any stream reach that is a Type Np water. Ns waters must be physically connected by an above-ground channel system to Type F, or Np waters pursuant to WAC 222-16-030, as amended. (Ord. 4551 § 4, 2017)
.900 Street
A public right-of-way.
.902 Street Level Floor
The floor of a building which is closest in elevation to the elevation of the centerline of each abutting right-of-way measured at the midpoint of the frontage of the subject property on each abutting right-of-way.
.905 Street Providing Direct Vehicle Access
The street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex.
.908 Street Shoulder
The portion of the street outside the edge of the asphalt or concrete traveled way that was installed to provide lateral support for the street. The material typically found in a shoulder consists of gravel, pit run, gravel borrow, and other material that can be installed and compacted to support a road or sidewalk. (Ord. 4551 § 4, 2017)
.910 Structure
Anything which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
.915 Structural Alterations
Any change in the supporting member of a building or structure.
.916 Structure Setback
A minimum required distance from a designated or modified critical area buffer within which no above ground structures may be constructed, except as provided in Chapters 83 and 90 KZC. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.917 Structured Play Area
An area designed, constructed, and intended for active recreation and/or congregation of users and/or observers. Structured play areas include, but are not limited to: tot lots, climber toys, swing sets, hard-surfaced playgrounds, sport courts, swimming pools, baseball infields, viewing stands or bleachers, and similar facilities. Structured play areas do not include baseball outfields, passive recreation areas, lawns, or similar areas. (Ord. 3852 § 1, 2002)
.920 Subject Property
The entire lot, series of lots or parcels on which a development or use is or will be located and that is otherwise subject to the provision of this code.
.924 Through-Block Pathway
A public or private pedestrian way located in a Design District. Through-block paths are designated in Plate 34 of Chapter 180 KZC, Chapter 105 KZC or elsewhere in the Zoning Code, the Nonmotorized Transportation Plan, Design Guidelines or the Comprehensive Plan. (Ord. 4097 § 1, 2007)
.925 Topsoil
The uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation.
.930 Traffic Control Devices
Signs, signals, stripes and other mechanical or graphic items which control the flow or direction of vehicular and pedestrian traffic.
.930.5 Transit-Oriented Development (TOD)
Area where a higher intensity mix of uses is allowed, together with transit facilities, in order to support the increased use of transit and reduce reliance on single-occupant vehicles. (Ord. 4450 § 1, 2014)
.930.6 Transit-Oriented Development (TOD) Zone
The following zones: CMU, CVU, NMU, UF, and YBD-1. (Ord. 4855 § 1, 2023; Ord. 4450 § 1, 2014)
.931 Trellis
An arbor or arch made with an open design.
.931.5 Two/Three-Unit Home
A structure containing two (2) dwelling units or three (3) dwelling units, designed to look like a detached single-family home. (Ord. 4120 § 1, 2007)
.935 Under Marquee Sign
A sign which is attached to and suspended from a marquee or canopy but does not extend beyond the marquee or canopy.
.945.5 Uniformity Ratio
Uniformity ratio describes the maximum level of illumination in relation to the lowest level of illumination for a given area. Example: uniformity ratio = 4:1 for the given area, the lowest level of illumination (1) should be no less than one-quarter or “four (4) times less” than the maximum (4) level of illumination. (Ord. 4030 § 1, 2006)
.947 Upland
Generally described as the dry land area above and landward of the OHWM, but not including wetlands. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.950 Urban Separator
Areas planned for permanent low density residential within the urban growth area that protect adjacent resource land, critical areas, or rural areas, and create open space corridors within and between the urban areas which provide environmental, visual, recreational and wildlife benefits. The King County Countywide Planning Policies have designated the RSA 1 zone as an urban separator. (Ord. 4551 § 4, 2017; Ord. 4196 § 1, 2009)
.955 Use
The nature of the activities taking place on private property or within structures thereon. Each separate listing under the “Use” column in the Chapters 15 through 56 KZC is a separate use. (Ord. 4476 § 3, 2015)
.960 Use Zone
The zoning designations on the Zoning Map, such as RS 7.2, for example. (Ord. 4196 § 1, 2009; Ord. 4193 § 1, 2009; Ord. 4171 § 1, 2008; Ord. 4121 § 1, 2008; Ord. 4078 § 2, 2006; Ord. 4051 § 1, 2006; Ord. 4037 § 1, 2006; Ord. 4030 § 1, 2006; Ord. 3972 § 1, 2004; Ord. 3956 § 1, 2004; Ord. 3900 § 2, 2002; Ord. 3889 § 2, 2003; Ord. 3852 § 1, 2002)
.965 Vehicle Service Station
A commercial use supplying petroleum products that are for immediate use in a vehicle.
.970 Vehicle Storage Area
An outside area which is used for the storage of operational vehicles.
.973 Vehicular Access Easement or Tract
A privately owned right-of-way, but not including a driveway easement. (Ord. 3814 § 1, 2001)
.974 View Corridor
An open area that provides an unobstructed view across the subject property to and beyond Lake Washington from the adjacent right-of-way.
.975 Wall Sign
A sign attached to and extending not more than 18 inches from the facade or face of a building with the exposed face of the sign parallel to the facade or face of the building.
.976 Water Resource Inventory Area (WRIA) 8
One (1) of Washington State’s 62 major watersheds. WRIA 8 is located in the Cedar River/Sammamish basin, which drains into Lake Washington. WRIA 8 encompasses the City of Kirkland, along with 26 other member jurisdictions, including portions of unincorporated King and Snohomish Counties. WRIAs support an integrated approach to managing water resources in Washington. (Ord. 4551 § 4, 2017)
.977 Watershed
A region or area bounded on the periphery by a parting of water and draining to a particular watercourse or body of water. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.980 Waterward
Toward the body of water.
.985 Wetland
“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands. (RCW 36.70A.030) (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017; Ord. 4252 § 1, 2010)
.986 Wetland Category or Wetland Rating
The classification of wetlands according to the Washington State Wetland Rating System for Western Washington (Department of Ecology 2014, or as revised). This document contains the definitions, methods and a rating form for determining the categorization of wetlands below:
1. Category I. Category I wetlands are: (a) relatively undisturbed estuarine wetlands larger than one (1) acre; (b) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (c) bogs; (d) mature and old-growth forested wetlands larger than one (1) acre; (e) wetlands in coastal lagoons; (f) interdunal wetlands that score eight (8) or nine (9) habitat points and are larger than one (1) acre; and (g) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (a) represent unique or rare wetland types; (b) are more sensitive to disturbance than most wetlands; (c) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (d) provide a high level of functions.
2. Category II. Category II wetlands are: (a) estuarine wetlands smaller than one (1) acre, or disturbed estuarine wetlands larger than one (1) acre; (b) interdunal wetlands larger than one (1) acre or those found in a mosaic of wetlands; or (c) wetlands with a moderately high level of functions (scoring between 20 – 22 points).
3. Category III. Category III wetlands are: (a) wetlands with a moderate level of functions (scoring between 16 and 19 points); (b) can often be adequately replaced with a well-planned mitigation project; and (c) interdunal wetlands between 0.1 and one (1) acre. Wetlands scoring between 16 and 19 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.
4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to improve. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree. (Ord. 4701 § 1, 2020; Ord. 4551 § 4, 2017)
.987 Wetland Creation
The manipulation of the physical, chemical, or biological characteristics to develop a wetland on an upland or deepwater site where a wetland did not previously exist. (Ord. 4551 § 4, 2017)
.988 Wetland Enhancement
The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. (Ord. 4551 § 4, 2017)
.988.05 Wetland Field Data Form
The wetland rating form which is used to classify wetlands according to the Washington State Wetland Rating System for Western Washington. (Ord. 4551 § 4, 2017)
.988.10 Wetland In-Lieu-Fee Program
An agreement between a regulatory agency (state, federal, or local) and a single sponsor, generally a public natural resource agency or nonprofit organization. Under an in-lieu-fee agreement, the mitigation sponsor collects funds from an individual or a number of individuals who are required to conduct compensatory mitigation required under a wetland regulatory program. The sponsor pools from multiple permittees to create one or a number of sites under the authority of the agreement to satisfy the permittees’ required mitigation. (Ord. 4551 § 4, 2017)
.988.15 Wetland Mitigation Bank
A site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of unavoidable impacts to wetlands or other aquatic resources that typically are unknown at the time of certification to compensate for future, permitted impacts to similar resources. (Ord. 4551 § 4, 2017)
.988.20 Wetland Mosaic
An area with a concentration of multiple small wetlands, in which each patch of wetland is less than one (1) acre; on average, patches are less than 100 feet from each other; and areas delineated as vegetated wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water. (Ord. 4551 § 4, 2017)
.988.22 Wetland of High Conservation Value
Wetlands identified here, at https://www.dnr.wa.gov/NHPwetlandviewer, by the Washington Natural Heritage Program as important ecosystems for maintaining plant diversity in our state. These wetlands are classified as Category I wetlands by the 2014 Department of Ecology Washington State Wetland Rating System for Western Washington. (Ord. 4701 § 1, 2020)
.988.25 Wetland Preservation
The removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This term includes the purchase of land or conservation easements, repairing water control structures or fences, or structural protection. Preservation does not result in a gain of wetland acres but may result in a gain in functions over the long term. (Ord. 4551 § 4, 2017)
.988.30 Wetland Reestablishment
The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning (restoring) natural or historic functions to a former wetland. Reestablishment results in rebuilding a former wetland and results in a gain in wetland acres and functions. Activities could include removing fill, plugging ditches, or breaking drain tiles. (Ord. 4551 § 4, 2017)
.988.35 Wetland Rehabilitation
The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions and processes of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or returning tidal influence to a wetland. (Ord. 4551 § 4, 2017)
.990 Wholesale Trade
A commercial establishment which sells to retail establishments.
.1000 Zoning Map
The map designated as such and adopted by the City showing the geographical location of use zones within the municipal boundaries.
Administratively, pursuant to KZC 10.18, this term has been amended from “Planning Director” to “Planning and Building Director.” All instances where this term is referenced in the KZC have also been amended accordingly.