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Chapter 14.08
BASIC DEFINITIONS AND INTERPRETATIONS
Sections:
14.08.010 Definitions of Basic Terms
14.08.020 Lots Divided by District Lines
14.08.010 Definitions of Basic Terms.
Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this title.
Access Easement. An easement for vehicle access over another piece of property and dedicated primarily for ingress/egress to one or more lots.
Access Tract. A privately-owned tract of land used primarily for ingress/egress for one or more lots.
Accessory Use. (See Section 14.40.050)
Administrative Conditional Use (previously Special Use). A use allowed in a zone after review by the department and with approval of permit conditions as necessary to make the use compatible with other permitted uses in the same vicinity and zone.
Adult Entertainment.
(a) “Adult entertainment establishments” means adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adults video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows:
(1) “Adult bathhouse” means a commercial bathhouse which excludes any person by virtue of age from all or any portion of the premises.
(2) “Adult bookstore” means a retail establishment in which:
(i) Ten percent or more of the “stock-in-trade” consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”; and
(ii) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold.
(3) “Adult cabaret” means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises.
(4) “Adult massage parlor” means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such services are provided.
(5) “Adult motion picture theater” means a building, enclosure, or 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” for observation by patrons therein.
(6) “Adult retail store” means retail establishment in which:
(i) Ten percent or more of the “stock-in-trade” consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”; and
(ii) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold.
(7) “Adult sauna parlor” means a commercial sauna establishment which excludes any person by virtue of age from all or any portion of the premises.
(8) “Adult video store” means a retail establishment in which:
(i) Ten percent or more of the stock-in-trade consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; and
(ii) Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold.
(b) “Specified anatomical areas” means:
(1) Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola;
(2) Human male genitals in a discernably turgid state even if completely or opaquely covered.
(c) “Specified sexual activities” means:
(1) Acts of human masturbation, sexual intercourse, or sodomy; or
(2) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or
(3) Human genitals in a state of sexual stimulation or arousal.
(d) “Stock-in-trade” means:
(1) The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
(2) The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons.
Agency with Jurisdiction. An agency with authority to approve, veto, or finance all or part of a SEPA-nonexempt proposal (or part of a proposal). The term does not include an agency authorized to adopt rules or standards of general applicability that could apply to a proposal, when no license or approval is required from the agency for the specific proposal. The term also does not include a local, state, or federal agency involved in approving a grant or loan, that serves only as a conduit between the primary administering agency and the recipient of the grant or loan. Federal agencies with jurisdiction are those from which a license or funding is sought or required.
Agriculture Land. Land used for commercial production (as shown by record of any income) of horticultural, viticultural, floricultural, dairy, apiary, or animal products, or of vegetables, Christmas trees, berries, grain, hay, straw, turf, seed, or livestock, and that has long-term (six years or longer) commercial significance for agricultural production.
Alley. A thoroughfare or right-of-way, usually narrower than a street, which provides access to the rear boundary of two or more residential or commercial properties and is not intended for general traffic circulation. Alleys are only permitted for properties fronting a public road.
Alteration. Any human-induced action which impacts the existing condition of a critical area. Alterations include but are not limited to grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; grazing domestic animals; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that impacts the existing vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include walking, passive recreation, fishing or other similar activities.
Animated Display Boards. Any display designed to catch attention by using animated graphics or moving text, excluding information screens located on drive-through window menu boards which are used to convey order information to the customer.
Antenna. Equipment designed to transmit or receive electronic signals.
Antenna Array. Consists of one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc).
Applicant. A person, partnership, corporation, or other legal entity who applies for any approval under this title and who is an owner of the subject property or the authorized agent of the owner. The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal.
Aquifer Recharge Area. Geological formations with recharging areas having an effect on aquifers used for potable water where essential source of drinking water is vulnerable to contamination.
Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”). The area subject to the base flood is the special flood hazard area designated on Flood Insurance Rate Maps as Zones “A” or “V” including AE, AO, AH, A1-99 and VE.
Base Flood Elevation (BFE). The elevation of the base flood above the datum of the effective FIRM to which floodwater is anticipated to rise during the base flood.
Basement. Any area of a building having its floor below ground level (subgrade) on all sides in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Best Available Science. Current scientific information, which is used to designate, regulate, protect, or restore critical areas and which is derived from a valid scientific process as set forth in WAC 365-195-900 through 365-195-925 and Section 14.88.235.
Best Management Practices (BMPs). The best available conservation practices or systems of practices and management measures that:
(a) Control soil loss and protect water quality from degradation caused by nutrients, animal waste, toxins, and sediment; and
(b) Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of critical areas.
Billboard. An off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.
Binding Site Plan. A drawing to a scale specified in this title which: (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified herein; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established in this title; and (c) contains provisions making any development be in conformity with the site plan.
Block. A group of lots, tracts, or parcels within well defined and fixed boundaries.
Boarding House. A residential use consisting of at least one dwelling unit together with more than two rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.
Boathouse or Boat Shelter. An over-water structure specifically designed or used for storage of boats with permanent walls and/or roofs.
Bog. A wetland with limited drainage and generally characterized by extensive peat deposits and acidic waters. Vegetation can include, but is not limited to, sedges, sphagnum moss, eriogonums, shrubs, and trees.
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.
Boundary Line Adjustment. The adjustment of boundary lines between two abutting platted or unplatted lots, tracts or parcels, which does not create any additional lot, tract, parcel, or site and which results in no lot, tract, parcel, or site that contains insufficient area and dimension to meet minimum requirements for width and area.
Breakaway Wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Buffer Areas, Wetlands. Areas that are contiguous to and protect a critical area and are required for the continued maintenance, functioning, and/or structural stability of a critical area.
Buffer Management. An activity proposed by a public agency, public utility, or private entity, and approved by the Planning and Community Development Director, within a buffer required by this title, that is proposed to:
(a) Reduce or eliminate a verified public safety hazard;
(b) Maintain or enhance wildlife habitat diversity; or
(c) Maintain or enhance a fishery or other function of stream, wetland, or terrestrial ecosystems.
Building. A structure designed to be used as a place of occupancy, storage or shelter.
Building, Accessory. A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.
Building Permit. An official document or certificate issued by the Building Official authorizing performance of construction or alteration of a building or structure.
Building, Principal. The primary building on a lot or a building that houses a principal use.
Bulletin Board. A board or wall on which bulletins, notices or displays are attached by pushpin, tape, staple or similar method and which are intended for communicating information to the target audience at a close distance, usually not to exceed four feet.
Carriage House. A single-level unit on top of a common garage in a cottage housing development.
Certificate of Concurrency. The certificate issued by the Department of Planning and Community Development upon finding that an application for a development approval will not result in the reduction of the level of service standards set forth in the Comprehensive Plan.
Certify. Whenever this title requires that some agency certify the existence of some fact or circumstance to the city, the city may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstances warrant it, or the city may require that the certification be in the form of a letter or other document.
Change of Use. A change of the type of use of a building from one principal use category to another. It shall be determined to have occurred when it is found that the general character of the building use has been modified and results in an intensification of land use that will require new development conditions to comply with existing regulations.
Channel Migration Area. The area within the lateral extent of likely stream channel movement due to stream bank destabilization and erosion, rapid stream incision, aggradations, avulsions, and shifts in location of stream channels locally characterized to include the outer limits of the special flood hazard area.
Circulation Area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.
City. The City of Lake Stevens.
City-Sponsored/Co-Sponsored Event. The City Administrator may consider some events for City sponsorship or co-sponsorship. City-sponsored events must benefit the community as a whole, be open to the general public and offer activities that would encourage the participation of residents.
Classes, Wetland. The wetland taxonomic classification system of the United States Fish and Wildlife Service (Cowardin, et al. 1978).
Clearing. The act of removing or destroying vegetation or other organic plant materials by physical, mechanical, or chemical means.
Cluster. A group of residential dwelling units arranged around usable open space (Cluster Subdivisions, Section 14.48.070) or a common open area (Cottage Housing Development Standards, Chapter 14.46).
Combination Use. A use consisting of a combination on one lot of two or more principal uses separately listed in the Table of Permissible Uses, Section 14.40.010. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. See Section 14.40.050 (Accessory Uses). In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)
Common Open Area. An area improved for passive recreational use or gardening. A common open area is required to be owned and maintained commonly, through a homeowners’ or condominium association or similar mechanism. It does not include cottages, other buildings, driveways, parking areas, and the individual dwelling unit areas that define the spacing around each cottage. Except for interior walkways, it does not include paved surfaces.
Community Group-Care Facility. An agency, other than a foster-family home, which is maintained and operated for the care of a group of children on a 24-hour basis.
Compensation. The replacement, enhancement, or creation of an undevelopable critical area equivalent in functions, values and size to those being altered by or lost to development.
Complete Application. An application which contains all required information and signatures and which is accompanied by payment of all fees required to be submitted by Title 14 or by any formal written rule or procedure adopted by the City. (See Section 14.16A.220(f).)
Comprehensive Plan. The City’s adopted land use plan.
Concurrency. When adequate public facilities meeting the level of service standard are in place at the time a development permit is issued, or a development permit is issued subject to the determination that the necessary facilities will be in place when the impacts of the development occur, or that improvements or strategy are in place at the time of development or that a financial commitment is in place to complete the improvements or strategies within six years of the time of the development.
Concurrency Determination. A non-binding determination of what public facilities and services are available at the date of inquiry.
Concurrency Management System. The procedures and processes utilized by the City to determine that development approvals, when issued, will not result in the reduction of the level of service standards set forth in the Comprehensive Plan.
Conditional Use. A use allowed in a zone only after review by the Hearing Examiner and with approval of permit conditions as necessary to make the use compatible with other permitted uses in the same vicinity and zone.
Consistency. For the purpose of reviewing a project per ESHB 1724, the term “consistency” shall include all terms used in Chapter IV of that bill and Chapter 36.70A RCW to refer to performance in accordance with Chapter IV of that bill and Chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.
Convenience Store. A one story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”). It is designed to attract and depends upon a large volume of stop and go traffic. Illustrative examples of convenience stores are those operated by the “Arco AM/PM” and “7/11” chains.
Cottage. A single-family detached dwelling unit, not larger than 1,500 square feet, constructed as part of a cottage housing development. More than one cottage may occupy a single lot.
Cottage Housing Development. One or more clusters of cottages developed under a single land development plan or as part of another land development plan (mixed use development or planned business district) (see Chapter 14.46). A cottage housing development shall have the following characteristics:
(a) Each cottage is of a size and function suitable for one to three people;
(b) Each cottage has the construction characteristics of a single-family house as set forth in this chapter;
(c) Cottages are developed as a detached dwelling or carriage house, common interest community, and share use of common elements such as a common open area, tool shed, community building, gazebo, workshop or parking areas; and
(d) The site is designed with a unified concept that includes homes surrounding a shared common open area, detached parking arranged on site perimeters, access within the site and from the site, and visually consistent landscaping and architecture.
The following drawing shows a typical cottage housing development: 
Cottage Housing Development Lot. The undivided lot on which a cottage housing development takes place.
Council. The City Council of the City of Lake Stevens.
County Auditor. As defined in Chapter 36.22 RCW or the office or person assigned such duties under a county charter.
County Treasurer. As defined in Chapter 36.29 RCW or the office or person assigned such duties under a county charter.
Covered Animal. Any hoofed animal usually found on farms, such as horses, ponies, mules, bovine animals, sheep and goats.
Creation, Wetland Mitigation. The manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities typically involve excavation of upland soils to elevation that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. Establishment results in a gain in wetland acres.
Crisis Residential Center. An agency which is a temporary protective residential facility operated to perform the duties specified in Chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036.
Critical Areas. Areas of the City that are subject to natural hazards or any landform feature that carries, holds, or purifies water and/or supports unique, fragile or valuable natural resources including fish, wildlife, and other organisms and their habitat. Critical areas include the following features: geologically hazardous areas, wetlands, streams, frequently flooded hazard areas, fish and wildlife conservation areas, aquifer recharge areas, and groundwater discharge areas.
Critical Facility. A facility necessary to protect the public health, safety and welfare during a flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency operations installations, water and wastewater treatment plants, electric power stations, and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances or hazardous waste intended for household use) in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Critical Habitat. Habitat necessary for the survival of endangered, threatened, sensitive species as listed by the Federal Government or the State of Washington. Habitat for species listed on the candidate list, or monitored species as listed by the Federal Government or the State of Washington, may be considered critical habitat.
Day Care Center, Commercial. Any child care arrangement that provides day care on a regular basis for more than 12 children of whom at least one is unrelated to the provider.
Day Care, In-Home. Any child care arrangement that provides day care on a regular basis for less than 12 children of whom at least one is unrelated to the provider.
Dedication. The deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.
Degraded Wetland. A wetland in which the vegetation, soils, and/or hydrology have been adversely altered, resulting in lost or reduced functions and values.
Developable (e.g., land, acres). Land on which development can occur per the regulations of this and other titles of the Lake Stevens Municipal Code. Specifically, lands that are considered critical areas per Chapter 14.88 (Critical Areas) are not considered developable.
Developable Area. Land outside of critical areas, their setback, and buffers.
Developer. A person, firm or corporation applying for or receiving a permit or approval for a development.
Development (Definition related to flood permits only). Any manmade change to improved or unimproved real estate in the regulatory floodplain, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Development (Definition related to shoreline permits only). A use consisting of the construction or exterior alteration of structures; dredging, drilling, dumping, filling, removal of sand, gravel or minerals, bulkheading, driving of pilings, placing of obstructions, or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters of the state subject to Chapter 90.58 RCW at any stage of water level.
Development Activity. Any construction or expansion of a building, structure or use; any change in use of a building or structure; or any changes in the use of land.
Development Approval. An approval issued by a body or officer of the City that authorizes a developer or applicant to take or initiate specific development actions within the City.
Development or Development Proposal. Any land use action or manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, site work, or installation of utilities, regulated by Title 14 of the Lake Stevens Municipal Code.
Dimensional Nonconformity. A nonconforming situation that occurs when the height, size, floor space, lot coverage, or other dimensional requirements of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
Disabled. Qualified persons with a disability as that term is defined by the Federal Fair Housing Act Amendments, 42 USC Section 12131(2), 442 USC 3602(h) and (i) and 42 USC Section 12210(b)(1) and (2). The term includes persons with a handicap as that term is defined by applicable Federal and State law as the same exists or is hereafter amended. A handicap is:
(a) A physical or mental impairment which substantially limits one or more of a person’s major life activities;
(b) A record of having such an impairment; or
(c) Being regarded as having such an impairment.
The term “disabled” includes alcoholics and recovering drug addicts but does not include those who currently and illegally use controlled substances or who constitute a threat to the community.
DNS (Determination of Nonsignificance). The written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse environmental impact, and therefore an EIS is not required. See WAC 197-11-734.
Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
DS (Determination of Significance). The written decision by the responsible official of the lead agency that a proposal is likely to have a significant adverse environmental impact, and therefore an EIS is required. See WAC 197-11-736.
Duplex. See Residence, Duplex.
Dwelling Unit. A single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
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.
Edge. The boundary of a wetland as delineated based on the criteria contained in Chapter 14.88.
Effective Date of This Chapter. Whenever this title refers to the effective date of this chapter, the reference shall be deemed to include the effective date of the chapter as originally adopted, or the effective date of an amendment to it if the amendment creates a nonconforming situation.
Effective Date of This Title. Whenever this title refers to the effective date of this title, the reference shall be deemed to include the effective date of any amendments to this title if the amendment, rather than this title as originally adopted, creates a nonconforming situation.
EIS (Environmental Impact Statement). Defined in WAC 197-11-738.
Elevated Building. A non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
Elevation Certificate. The official form (Form 81-31) used by FEMA to provide elevation information necessary to determine the proper flood insurance premium rate.
Emergency. An action that must be undertaken immediately or within a time frame too short to allow full compliance with this chapter, in order to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation.
Emergent Wetland. A wetland with at least 30 percent of its surface covered by erect, rooted, herbaceous vegetation at the uppermost vegetative strata.
Enhancement, Wetland Mitigation. The manipulation of the physical, chemical or biological characteristics of a wetland site, in order to heighten, intensify or improve functions or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or habitat improvement. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying the site elevation or the proportion of open water to influence hydroperiods, or some combination of these activities. Enhancement results in a benefit to some wetland functions and can lead to a decline in other wetland functions but does not result in a gain in wetland acres. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities.
Erosion Hazard Areas. Lands or areas that, based on a combination of slope inclination and the characteristics of the underlying soils, are susceptible to varying degrees of risk of erosion.
Essential Public Facility. Any facility owned, operated or contracted to be operated by a unit of local or State government, by a public utility or transportation company, or by any other entity providing a public service as its primary mission may qualify as an essential public facility. In general, an essential public facility is a necessary component of a system or network which provides a public service or good; and may be difficult to site because of potential significant opposition.
Essential Public Facility of a County-Wide Nature. Essential public facilities which serve a population base extending beyond the host community, which may include several local jurisdictions within Snohomish County or a significant share of the total County population.
Essential Public Facility of a Regional or Statewide Nature. Essential public facilities which serve a multi-county population base; and other large public facilities appearing on the Office of Financial Management (OFM) list created and maintained pursuant to Chapter 36.70A RCW.
Event. An “event” is:
(a) Any organized formation, parade, procession or assembly consisting of persons, animals, motorized or nonmotorized vehicles or any combination thereof, traveling in unison and with a common purpose upon any public street, highway, alley, sidewalk, body of water, or other public right-of-way which does not normally comply with normal and usual traffic regulations or controls; or
(b) Any organized assemblage of 100 or more persons at any public park, beach, body of water, right-of-way, or other publicly owned property, gathering for a common purpose under the direction and control of a responsible person or agency; or
(c) Any other organized activity or set of activities conducted by an individual, group or entity for a common or collective use or benefit and which may be conducted on public or private property which would have a direct significant impact on:
(1) Traffic congestion or traffic flow to and from the event over public streets, bodies of water or rights-of-way;
(2) Public streets or rights-of-way near the event; or
(3) City-provided emergency and/or public services such as those provided by police, fire, medical aid or public works personnel.
Event Sponsor. A person making application to hold, host or sponsor an event or person authorized to make application on behalf of a group, organization or agency to hold, host or sponsor an event and who is responsible for being in compliance with any conditions outlined in the event permit for which application was made.
Exotic Species. Plants or animals that are not native to the Puget Sound Lowlands region.
Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.
Exterior Side Property Line. Means the property line, on a corner lot, that abuts the street that is not the front property line.
Extraordinary Hardship. Prevention of all reasonable economic use of the parcel due to strict application of this chapter and/or programs adopted to implement this chapter.
Facade. Any face of a building.
Family. One or more persons related by blood, marriage or adoption, or a group of not more than six persons (excluding servants), not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit. The term “family” shall also include consensual living arrangements of any number of disabled persons living in a family-like setting which are protected by the provisions of the Federal Fair Housing Act and the Washington Fair Housing Practices Act, RCW 36.70.990.
Farm Animals. Includes but is not limited to covered animals, poultry and rabbits.
FEMA. The Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.
Final Plat. The final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and in this title.
Fire Department. Lake Stevens Fire District.
Fire Marshal. The City of Lake Stevens Fire Marshal or his designee.
Fish and Wildlife Habitats (of Local Importance). A seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of relative density or species richness, breeding habitat, winter range, and movement corridors. These also include habitats of limited availability or high vulnerability to alteration, such as cliffs and wetlands.
Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, and/or the unusual and rapid accumulation of runoff of surface waters from any source.
Flood Fringe. The portion of the floodplain lying outside of the floodway.
Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood Insurance Study. The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.
Floodplain. See Regulatory Floodplain.
Flood Protection Elevation (FPE). The base flood elevation plus one foot.
Floodway. The channel of a stream or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. As used in this title, the term refers to that area designated as a floodway on the Flood Insurance Rate Map prepared by the U.S. Federal Emergency Management Agency, a copy of which is on file in the Planning and Community Development Department.
Flood Zones. Geographic areas that the FEMA has defined according to varying levels of flood risk. These zones, as depicted on the city’s Flood Insurance Rate Map (FIRM), reflect the severity or type of flooding in the area.
Flow. The flow rate of a water supply, measured at 20 pounds per square inch (psi) (138 kPa) residual pressure, that is available for firefighting (2006 International Fire Code).
Footprint. The total floor area, measured at ground level, within the inside perimeter of the exterior walls of the building under consideration.
Forest Land. Land used for growing trees, not including Christmas trees, for commercial purposes (as shown by record of any income) that has long-term (six years or more) commercial significance.
Forested Wetland. Wetlands with at least 20 percent of the surface area covered by woody vegetation greater than 30 feet in height.
Foster-Family Home. An agency which regularly provides care on a 24-hour basis to one or more children, expectant mothers, or persons with developmental disabilities in the family abode of the person or persons under whose direct care and supervision the child, expectant mother, or person with a developmental disability is placed.
Fowl. Birds which are sometimes raised for their eggs or meat including but not necessarily limited to, chickens, turkeys, pigeons, doves, geese, pheasants, and peacocks.
Freestanding Sign. See Sign, Freestanding.
Frequently Flooded Areas. Lands indicated on the most current FEMA map to be within the 100-year floodplain. These areas include, but are not limited to, streams, lakes, coastal areas, and wetlands.
Front Property Line. Means the property line abutting a street. In the event of a corner lot, the front property line is that which faces the principal entry into the principal structure.
Functions and Values. The beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, aesthetic value protection, and recreation. These roles are not listed in order of priority.
Geologically Hazardous Areas. Areas susceptible to erosion, sliding, seismic activity, or other geological events. They may pose a threat to the health and safety of citizens when used as sites for incompatible commercial, residential or industrial development.
G.I.S. Geographic Information System.
G.P.S. Global Positioning System.
Grading. Any excavating or filling of land, including the duff layer, or any combination thereof.
Gross Floor Area. The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
Habitable Floor. Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor.
Harmony. For the purposes of this title, a project may be found to be in harmony with the area in which it is located in terms of design and use when it meets the following criteria:
Harmony of Design. Where a project is subject to the City’s Development Design Guidelines or design regulations within this Title it is presumed to be in harmony with the neighborhood in terms of design when it is found to be in conformance with those guidelines or regulations, even if it does not resemble existing development, as it is the intent of the City Council that neighborhoods should eventually develop or redevelop according to those design specifications. Where a project is not subject to those design guidelines or regulations, it may be found to be in harmony with the neighborhood in terms of design when it generally conforms to the architectural aspects (i.e., those aspects addressed in the Development Design Guidelines) of the existing development.
Harmony of Use. A project may be found to be in harmony with the existing uses of a neighborhood if it causes no significant impacts on surrounding uses or, if it could cause significant impacts, that those impacts have been mitigated through project design or by conditioning the permit to restrict or limit certain aspects of the use so as to minimize those impacts.
Health and Social Service Facilities- Levels I, II and III:
Level I Health and Social Service Facility (Level I HSSF). A Level I HSSF means a use which occupies a residential structure used by the disabled as a residence along with their family members and caregivers. By way of illustration and not limitation, this definition shall include:
(a) Group homes for the disabled and consensual living arrangements equivalent to a familial setting which are protected by state or federal law as residential uses.
(b) Adult family homes, licensed pursuant to RCW 70.128.050.
(c) Foster homes licensed pursuant to Chapter 74.15 RCW for the placement of youth, disabled or expectant mothers in a residential setting, including but not limited to Foster Family homes, Community Group Care facilities and Crisis Residential Centers.
(d) Any other residential facilities for the disabled which must be accommodated in a single-family zone pursuant to RCW 36.70.990 (Washington Fair Housing Practices Act).
Level II Health and Social Service Facility (Level II HSSF). A Level II HSSF means a use which is licensed or regulated by the state to provide emergent medical treatment on a 24-hour per day basis or which houses persons in an institutional setting that provides chronic care or medical service on a regular recurring basis to its residents and which includes, but are not limited to a:
(a) Hospital (including acute alcoholism/drug, psychiatric and state mental hospitals).
(b) Nursing home.
(c) Private adult treatment home.
(d) Mental health facility, adult and child residential.
(e) Soldiers’ home and veterans home.
(f) Large institutional boarding home for the care of senior citizens and the disabled (sometimes known as assisted living facilities).
(g) State residential school for hearing and visually impaired.
(h) Alcoholism and drug residential treatment facility.
(i) Child birthing center/facility.
(j) Hospice.
Level III Health and Social Service Facility (Level III HSSF). A Level III HSSF means a use, including commercial enterprises and charitable institutions, which provides social, medical, counseling or other forms of treatment in a clinical setting or on an outpatient basis. Shelters providing services to the homeless or other transients shall be included in this category. Level III HSSF includes, but are not limited to an:
(a) Ambulatory surgical center.
(b) Blood bank.
(c) Medical claims processing facility.
(d) Counseling, psychological and psychiatric treatment clinics in an office setting.
(e) Eye bank.
(f) Renal disease center and kidney dialysis treatment center.
(g) Home health care agency.
(h) Medical laboratory.
(i) Occupational and physical therapy facility.
(j) Rehabilitation facility.
(k) Homeless and transient shelter.
Health and Social Service Facilities Levels I, II and III do not include:
(a) Correctional facilities, including but not limited to, group homes for juvenile offenders, juvenile detention facilities, work release, pre-release, or similar facilities, prisons and jails.
(b) Secure community transition facilities.
Hearing Examiner. A person appointed by the City to conduct public hearings, make decisions, and prepare a record and findings of fact and conclusions on those permit applications outlined in this title.
Hearing Officer. The person, or chair of the board, before whom a hearing is being held. This can be the Planning Director or the Hearing Examiner.
High Volume Traffic Generation. All uses in the 2.000 classification other than low volume traffic generation uses.
Home Occupation. A commercial activity that: (i) is conducted by a person on the same lot (in a residential district) where such person resides, and (ii) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 14.40.050, Accessory Uses).
Household Pet. Any domestic or exotic animal which because of its relatively small size, generally gentle temperament, and ability to learn from or serve man is normally bred and raised to live in or around a residence. The term does not include fowl, livestock or bees.
Hydrant, Private. A fire hydrant which is situated and maintained so as to provide water for firefighting purposes, with restrictions as to its use and accessibility as to public use.
Hydrant, Public. A fire hydrant that is situated within a public or private easement or right-of-way and maintained so as to provide water for firefighting purposes without restrictions as to use or accessibility for fire suppression.
Hydric Soil. Soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Washington State Wetlands Identification and Delineation Manual 1997, or as amended hereafter.
Infill Development. The creative recycling of vacant or underutilized lands within cities and suburbs. Examples include a vacant lot within an existing neighborhood, surface parking lots, or empty buildings. Infill development can reduce traffic congestion, save open space, and create more livable communities. Infill development contributes to a more compact form of development, which consumes less land and resources and offers increased mobility for those who cannot drive or prefer not to drive.
Innovative Housing Options. Different housing styles that provide a choice of housing in the City including, but not limited to, cottages, compact single-family homes, accessory dwelling units, “skinny” houses, and duplexes, triplexes, and fourplexes designed to look like single-family homes.
Internally Illuminated Signs. Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that (a) are filled with neon or some other gas that glows when an electric current passes through it and (b) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered internally illuminated signs.
International Building Code (IBC). The International Building Code as adopted and amended by the City of Lake Stevens.
International Fire Code (IFC). The International Fire Code as adopted and amended by the City of Lake Stevens.
Junk. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.
Junkyard. Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk.
Kennel. A commercial operation that: (a) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (b) engages in the breeding of animals for sale.
Lake Stevens. Any lands or waters contained within the incorporated boundaries of the City.
Land Clearing. The cutting, logging, or removal of enough vegetation so that the overall nature of a site’s vegetation is altered, except for what would otherwise be considered gardening, landscaping, or yard maintenance on a developed lot or portion of a lot where not all of the lot is developed. For example, selectively logging a few mature trees from many trees would not be considered clearing, while logging all mature trees (even if immature ones are left) so that habitat value or shading is altered, shall be considered clearing. Another example of clearing would be to grub or remove all groundcover (blackberries, etc.) over the area limits specified in the code, while partial grubbing of this area may not be.
Land Uses, High Intensity. Uses which are associated with moderate or high levels of human disturbance or substantial impacts including, but not limited to, a zone classification allowing four or more dwelling units per acre, active recreation, and commercial and industrial land uses.
Land Uses, Low Intensity. Land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation and open space.
Landslide Hazard Areas. Areas that, due to a combination of slope inclination and relative soil permeability, are susceptible to varying degrees of risk of landsliding.
Loading and Unloading Area. That portion of the vehicle accommodation area used to satisfy the requirements of Section 14.72.100 (Loading and Unloading Areas).
Lot. A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot.
Subject to Section 14.32.020 (Nonconforming Lots), the permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this title.
Lot Area. The total area circumscribed by the boundaries of a lot, except that: (a) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right of way line, or if the right-of-way line cannot be determined, a line running parallel to and 30 feet from the center of the traveled portion of the street; and (b) in a residential district, when a private road that serves more than three dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.
Lot, Parent. The initial lot from which unit lots are subdivided.
Lot, Unit. One of the individual lots created by the subdivision of a parent lot pursuant to Section 14.46.030.
Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements per Chapter 14.64 (Floodways, Floodplains, Drainage and Erosion).
Low-Volume Traffic Generation. Uses such as furniture stores, carpet stores, major appliance stores, etc. that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.
Marina. A system of piers, buoys, or floats to provide moorage for four or more boats.
Mineral Resource Lands. Lands primarily devoted to the extraction of gravel, sand, other construction materials, or valuable metallic or mineral substances.
Mitigation (Definition related to critical areas and shoreline permits only). An action or combination of actions which avoids, minimizes, or compensates for adverse impacts to critical areas or sensitive resources. Mitigation is considered in the following order of preference:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
(c) Rectifying the impacts by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;
(f) Monitoring the impact and the compensation project and taking appropriate corrective measures.
Mitigation (Definition related to flood permits only). An action taken to reduce or eliminate the risk of a hazard such as flooding; mitigation actions attempt to prevent flood hazards from developing into disasters, or to reduce the effects of flooding when it occurs in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Mobile Home, Class A. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:
(a) The home has a length not exceeding four times its width;
(b) The pitch of the home’s roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction;
(c) The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction;
(d) A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and
(e) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
Mobile Home, Class B. A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A mobile home.
Mobile Home, Class C. Any mobile home that does not meet the definitional criteria of a Class A or Class B mobile home.
Mobile Home Park. A residential use in which more than one mobile or manufactured home is located on a single lot.
Mobile or Manufactured Home. A dwelling unit that: (a) is not constructed in accordance with the standards set forth in the International Building Code applicable to site-built homes; and (b) is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and (c) exceeds 40 feet in length and eight feet in width.
Moderate-to-Low-Risk Areas or Non-Special Flood Hazard Area. Lands outside the one percent special flood hazard areas where the risk of being flooded is reduced, but not completely removed. FIRM maps designate non-special flood hazard areas with the letters B, C or X (or a shaded X).
Modular Home. A dwelling unit constructed in accordance with the standards set forth in the International Building Code applicable to site-built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a mobile home (except that the modular home meets requirements of the International Building Code applicable to site-built homes), or a series of panels or room sections transported on a truck and erected or joined together on the site.
National Marine Fisheries Service (NMFS). One of two federal agencies responsible for overseeing the Endangered Species Act (ESA). NMFS is primarily responsible for marine species and anadromous species.
Native Growth Protection Areas (NGPA). Areas where native vegetation is permanently preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat.
Native Vegetation. Plant species which are indigenous to the Puget Sound Lowlands region.
Natural Floodplain Functions. The contribution that a floodplain makes to support habitat, including, but not limited to, providing flood storage and conveyance, reducing flood velocities, reducing sedimentation, filtering nutrients and impurities from runoff, processing organic wastes, moderating temperature fluctuations, and providing breeding and feeding grounds, shelter, and refugia for aquatic or riparian species.
Natural Resource Lands. Agriculture, forest, and mineral resource lands as defined in Chapter 14.88.
Nonconforming Lot, Legal. A lot which does not meet the current minimum area requirement of the district in which the lot is located, but at the time of its creation, it was legally subdivided consistent with the laws in place at the time the lot was created, as well as it met all area and dimension standards for such a lot at that time.
Nonconforming Project. Any structure, development, or undertaking that is incomplete at the effective date of this title and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
Nonconforming Sign. See Sign, Nonconforming.
Nonconforming Situation. A situation that occurs when, on the effective date of this title, any existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this title, or because land or buildings are used for purposes made unlawful by this title. Nonconforming signs shall not be regarded as nonconforming situations for purposes of Chapter 14.32 but shall be governed by the provisions of Sections 14.68.150 and 14.68.160 (Amortization of Nonconforming Signs).
Nonconforming Use. A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a nonconforming use.)
Occupancy. The purpose for which a building or part thereof is used, or intended to be used.
On-Premises Sign. See Sign, On-Premises.
Open Space. Areas of varied size which contain distinctive geologic, botanic, zoologic, historic, scenic or other critical area or natural resource land features.
Ordinary High Water Mark. A mark that has been found where the presence and action of waters are common and usual and maintained in an ordinary year long enough to mark a distinct character from that of the abutting upland.
Ordinary High Water Mark on Lake Stevens. The mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the City or the Department of Ecology; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark shall be the line of mean high water. (RCW 90.58.030(2)(b) and (c))
Owner. All persons, partnerships, corporations, and other legal entities that have an ownership interest (including purchasers and sellers under a real estate contract) in the subject property.
Parking Area Aisles. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
Parking Space. A portion of the vehicle accommodation area set aside for the parking of one vehicle.
Party of Record. The following persons in an application or appeal are considered a party of record:
(a) The applicant and any appellant;
(b) Any person who submitted written comments to the department prior to a Type I or II decision;
(c) Any person, City department and/or public agency who individually submitted written comments or testified at the open record hearing (excluding persons who have only signed petitions or mechanically produced form letters); and
(d) Any person, City department and/or public agency who specifically requests notice of decision by entering their name and mailing address on a register provided for such purpose at the open record hearing.
A party of record does not include a person who has only signed a petition or mechanically produced form letters. A party of record to an application/appeal shall remain such through subsequent City proceedings involving the same application/appeal. The City may cease mailing material to any party of record whose mail is returned by the postal service as undeliverable.
Permit-Issuing Authority. Person, board, office, or institution having jurisdiction over the permit in question, as specified in Chapters 14.16A and 14.16B.
Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.
Person (Definition related to shoreline permits only). An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation or agency of the State or local governmental unit however designated. (RCW 90.58.030(1)(e))
Pesticide Management Plan. A guidance document for the prevention, evaluation, and mitigation for occurrences of pesticides or pesticide breakdown products in ground and surface waters.
Planned Neighborhood Development (PND). A development constructed on at least 15 acres under single application, planned and developed as an integral unit, and consisting of a combination of residential and nonresidential uses on land within a PND district (see Section 14.36.040, Planned Neighborhood Development Districts Established) in accordance with Section 14.16C.080.
Planned Residential Development. A development constructed on at least five acres under single application, planned and developed as an integral unit, and consisting of single-family detached residences and may be combined with two-family residences, multi-family residences, public/semi-public amenities (e.g., usable open space, a community center, recreational facilities, etc.), or a combination thereof, all developed in accordance with Section 14.44.020, Planned Residential Developments.
Planning Director. The Director of the Department of Planning and Community Development.
Planning Jurisdiction. The area within the City limits as well as any area beyond the City limits within which the City is authorized to plan for and regulate development, as set forth in Section 14.04.030 (Jurisdiction).
Planning Official. The Director of the Department of Planning and Community Development or his/her designee.
Plat. A map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
Plat, Final. The final drawing of a long or short subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title.
Plat, Formal. See Plat, Long.
Plat, Long. A map or representation of a long or formal subdivision.
Plat, Preliminary Long, or Plat, Preliminary Short. A neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, restrictive covenants, and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
Plat, Short. A map or representation of a short subdivision.
Practicable Alternative. An alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas. It may include an area not owned by the applicant which can reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.
Priority Habitats. Areas that support diverse, unique, and/or abundant communities of fish and wildlife, as determined by the Washington Department of Fish and Wildlife Map Products 2006.
Priority Species. Wildlife species of concern due to their population status and their sensitivity to habitat alteration.
Protected Area (Definition related to flood permits only). The lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration area. Because of the impact that development can have on flood heights and velocities and habitat, special rules apply in the protected area in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Public Place of Adult Entertainment. Any exhibition or dance constituting “adult entertainment,” as defined in this section, which is for the use or benefit of a member or members of the adult public, or advertised for the use or benefit of a member or members of the adult public, held conducted, operated or maintained for a profit, direct or indirect.
Public Water Supply System. Any water supply system furnishing potable water to two or more dwelling units or businesses or any combination thereof.
Public Water System. A water system that serves two or more connections.
Receive-Only Earth Station. An antenna and attendant processing equipment for reception of electronic signals from satellites.
Recreational Vehicle. A vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
Re-establishment, Wetland Mitigation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities could include removing fill material, plugging ditches, or breaking drain tiles. Re-establishment results in a gain in wetland acres.
Regulatory Floodplain. The regulatory floodplain is comprised of the special flood hazard area and all protected areas within the jurisdiction.
Regulated Wetlands. Wetlands, including their submerged aquatic beds, and those lands defined as wetlands under the 1989 Federal Clean Water Act, 33 USC Section 251, et seq., and rules promulgated pursuant thereto, and shall be those areas that are inundated or saturated by surface or groundwater 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. Regulated wetlands generally include swamps, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Regulated wetlands do not include those constructed wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention/retention 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.
Rehabilitation, Wetland Mitigation. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic function of a degraded wetland. Activities could involve breaching a dike or reconnecting wetland to a floodplain or returning tidal influence to a wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.
Religious, Political, or Other Noncommercial Messages. Messages which state scripture, opinion, ideas, sentiments and postures and do not advertise events, goods and services of any kinds.
Repair or Maintenance Activities. An action to restore the character, size, or scope of a project only to the previously authorized condition.
Residence, Duplex. A two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.
Residence, Multi-Family. A residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).
Residence, Multi-Family Apartments. A multi-family residential use other than a multi-family conversion or multi-family townhouse.
Residence, Multi-Family Conversion. A multi-family residence containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
Residence, Multi-Family Townhouses. A multi-family resident use in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.
Residence, Primary with Accessory Apartment. A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than 25 percent of the gross floor area of the building nor more than a total of 750 square feet.
Residence, Single-Family Attached, One Dwelling Unit Per Lot. A residential use consisting of a single building containing two dwelling units which share a common wall (including without limitation the wall of an attached garage or porch), but located on two separate lots containing no other dwelling units in such a manner that a lot line bisects the building along the common wall and that each dwelling unit is completely on a separate lot.
Residence, Single-Family Detached, More Than One Dwelling Per Lot. A residential use consisting of two or more single-family detached dwelling units on a single lot.
Residence, Single-Family Detached, One Dwelling Unit Per Lot. A residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units.
Residence, Two-Family. A residential use consisting of a building containing two dwelling units. If two dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one building.
Residence, Two-Family Apartment. A two-family residential use other than a duplex, two-family conversion, or primary residence with accessory apartment.
Residence, Two-Family Conversion. A two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
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 similar components.
Riparian Area. A transitional area between terrestrial and aquatic ecosystems and which is distinguished by gradients in biophysical conditions, ecological processes, and biota.
Riparian Habitat. An ecosystem that borders a stream which is occasionally flooded and periodically supports predominantly hydrophytes.
Riparian Habitat Zone. The riparian habitat zone includes those watercourses within the special flood hazard area and adjacent land areas that are likely to support aquatic and riparian habitat that correlate locally to the applicable, adopted fish and wildlife conservation area buffers. The size and location of the riparian habitat zone is dependent on the type of water body, as described in Section 14.88.430. The riparian habitat zone includes the water body and adjacent lands, measured perpendicularly from ordinary high water on both sides of the water body.
Riparian Zone. A transitional area between aquatic ecosystems (lakes, streams, and wetlands) and upland terrestrial habitats.
Road. An open way for vehicles. All public and private ways used to provide motor vehicle access to and from a destination.
Road, Private. A privately maintained easement or parcel created to provide vehicle access from a public road to one or more lots.
Rooming House. See Boarding House.
Scrub-Shrub Wetland. A wetland with at least 30 percent of its surface area covered with woody vegetation less than 20 feet in height.
Secure Community Transition Facility. A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under Chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under this chapter and operated by the secretary or under contract with the secretary.
Seismic Hazard Areas. Areas that, due to a combination of soil and groundwater conditions, are subject to severe risk of ground shaking, subsidence or liquefaction of soils during earthquakes.
SEPA. The Washington State Environmental Policy Act of 1971 (Chapter 43.21C RCW).
SEPA Rules. Chapter 197-11 WAC.
Servient Lot. Any lot which has the burden of providing an access easement for use by other lots.
Setbacks. Protective buffers which provide a margin of safety through protection of slope stability, attenuation of surface water flows, and landslide hazards reasonably necessary to minimize risk to the public from loss of life or well-being or property damage resulting from natural disasters; or an area which is an integral part of a stream or wetland ecosystem and which provides shading, input of organic debris and coarse sediments, room for variation in stream or wetland edge, habitat for wildlife and protection from harmful intrusion necessary to protect the public from losses suffered when the functions and values of aquatic resources are degraded.
Shared Driveway. A private driveway located on two easements used for the access of one or more dwelling units, where each easement provides half the width of the driveway.
Shorelands or Shoreland Areas. Lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. (RCW 90.58.030(2)(d))
Shoreline Master Program. The City’s comprehensive shoreline plan and supplemental land use regulations for shorelines adopted pursuant to Chapter 90.58 RCW.
Shoreline Substantial Development. Any development of which the total cost or fair market value exceeds $5,718 (WSR 07-15-090), or any development which materially interferes with the normal public use of the water or shorelines of the State; except that the types of development defined in Section 14.16C.100(c) shall not be considered substantial developments for the purpose of this chapter. A dock is not considered substantial development if the fair market value of the dock does not exceed $10,000, but if subsequent construction having a fair market value exceeding $2,500 occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of Chapter 14.92.
Shorelines. All of the water areas of the State, including reservoirs, and their associated wetlands, together with the lands underlying them; except:
(a) Shorelines of Statewide significance;
(b) Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments;
(c) Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. (RCW 90.58.030(2)(e))
Shorelines of Statewide Significance. In the Lake Stevens area, those lakes, whether natural, artificial or a combination, with a surface acreage of 1,000 acres or more measured at the ordinary high water mark, and those natural rivers or segments thereof downstream of a point where the annual flow is measured at 1,000 cubic feet per second or more.
Shorelines of the State. The total of all “shorelines and shorelines of Statewide significance” within the State.
Short Plat. See Plat, Preliminary.
Short Subdivision. See Subdivision, Short.
Sign. Any device that (a) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subdivision (b) of this definition; and (b) is designed to attract the attention of such persons or to communicate information to them.
Sign, Freestanding. A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a “sandwich sign,” is also a freestanding sign.
Sign, Internally Illuminated. Any lighted sign whereby the light source is located within the sign cabinet, excluding use of lighting for animated display boards.
Sign, Nonconforming. A sign that, on the effective date of this title, does not conform to one or more of the regulations set forth in this title, particularly Chapter 14.68, Signs.
Sign, Off-Premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located.
Sign, On-Premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the premises where the sign is located.
Sign Permit. A permit issued by the Planning Director that authorizes the recipient to erect, move, enlarge, or substantially alter a sign.
Sign, Temporary. A sign that (a) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or (b) is intended to remain on the location where it is erected or placed for a period of not more than 15 days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
Significant Tree(s). See Tree(s), Significant.
Site Plan Review. The process whereby local officials review the site plans or master plans to ensure they meet the stated purposes and standards of the zone, provide for necessary public facilities such as roads, and accomplish the goals of the City as stated in adopted comprehensive plans and development regulations.
Special Flood Hazard Area (SFHA). Land subject to inundation by the base flood having a one percent chance of being equaled or exceeded in any given year. FIRM maps designate special flood hazard areas as Zone A, Zone AO, Zone AH, Zones A1-A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V, Zone VE, and Zones V1-V30.
Sphagnum. Any of a large genus of mosses that grow only in wet acidic soils and whose remains become compacted with other plant debris to form peat.
Standard Record of Survey. A record of survey form approved by the City of Lake Stevens and in accordance with Chapter 58.09 RCW.
Streams. Water contained within a channel, either perennial or intermittent, and classified according to a locally appropriate stream classification system based on WAC 222-16-030. Streams also include open natural watercourses modified by man. Streams do not include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Streams are further characterized as S, F, Np, or Ns.
Street. A facility providing access, including the roadway and all other improvements.
Street, Arterial. A main street in the City’s street system that serves as an avenue for the circulation of traffic onto, out, or around the City and carries high volumes of traffic. Major arterials are inter-community roadways connecting community centers or major facilities. Minor arterials are intra-community roadways for areas bounded by the major arterials.
Street, Collector. A street whose principal function is to carry traffic between local access streets and arterial streets, but they may also provide direct access to abutting properties.
Street, Cul-de-sac. A street that terminates in a vehicular turnaround.
Street, Freeway/Expressway. An inter-regional divided or undivided highway connecting major centers.
Street, Local Access. A street whose sole function is to provide access to abutting properties.
Street, Private. See Road, Private.
Structure. Anything constructed or erected.
Structure (Definition related to flood permits only). A walled and roofed building including a gas or liquid storage tank that is principally above ground in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Subdivision. The division or redivision of land into lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership; but the following shall not be included within this definition nor be subject to the regulations of this title applicable strictly to subdivisions: the public acquisition by purchase or dedication of strips of land for widening or opening streets.
Subdivision, Architecturally Integrated. (Deleted by Ord. 676)
Subdivision, Formal. See Subdivision, Long.
Subdivision, Long. The division or redivision of land into 10 or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership; provided, however, unbuildable areas outside of such lots, tracts, parcels, sites or divisions for other purposes, such as access, drainage, and the protection of critical areas, shall not be considered a lot, tract, parcel, site or division.
Subdivision, Short. The division or redivision of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership; provided, however, unbuildable areas outside of such lots, tracts, parcels, sites or divisions for other purposes, such as access, drainage, and the protection of critical areas, shall not be considered a lot, tract, parcel, site or division.
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the assessed market value of the structure before the damage occurred. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the assessed market value of the structure before the damage occurred in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, replacement, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions in relationship to Chapter 14.64, Part I, and Chapter 14.88, Part V.
Swamp. A wetland whose dominant vegetation is composed of woody plants and trees.
Temporary Emergency, Construction, or Repair Residence. A residence (which may be a mobile home) that is: (a) located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; or (b) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or (c) located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.
Temporary Sign. See Sign, Temporary.
Temporary Use. An incidental use of limited duration and/or frequency allowed over a specified period.
Tourist Home. A single-family structure in which rooms are rented by the day or week.
Tower. Any structure whose principal function is to support an antenna.
Tract. A lot (see Lot). The term “tract” is used interchangeably with the term “lot,” particularly in the context of subdivisions, where one tract is subdivided into several lots.
Traffic Calming Technique. Any technique, whether physical, visual or regulatory, which is designed to slow the speed of vehicles to safe and posted speed limits.
Travel Trailer. A structure that (a) is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle) and (b) is designed for temporary use as sleeping quarters but that does not satisfy one or more of the definitional criteria of a mobile home.
Tree(s), Significant. Any deciduous tree eight inches or greater in diameter (25 inches in circumference or greater), and any evergreen tree 12 inches or greater in diameter (37 inches in circumference or greater), measured one foot above the root crown.
Trees(s), Significant Stands of. Any stand of healthy trees, not particularly of a large size, that has a high likelihood of withstanding wind-throw even after adjacent trees are removed, and serves or could serve as biological habitat, a recreational or aesthetic amenity, or screening as required by this title.
Unavoidable and Necessary Impacts. Impacts that remain after a person proposing to alter critical areas has demonstrated that no practicable alternative exists for the proposed project.
Undetermined-Risk Areas. Land where no flood-hazard analysis has been conducted, but a flood risk still exists. FIRM maps designate these areas with the letter D on the flood maps.
Urban Growth Area. That portion of the City’s planning jurisdiction that lies outside the corporate limits of the City and within the urban growth boundary.
Usable Open Space. Land to be devoted to meet usable open space requirements of this title must not be encumbered with any substantial structure; not devoted to use as a roadway and associated sidewalks or parking area; be left in its natural or undisturbed state if wooded, except for the cutting of trails for walking or jogging, or, if not wooded, is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a wooded area; is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; is legally and practicably accessible to the public; and consists of land no more than 25 percent of which lies within a floodplain or floodway as those terms are defined in Section 14.08.010.
Use. The activity or function that actually takes place or is intended to take place on a lot.
Use, Principal. A use listed in the Table of Permissible Uses.
Utility Facilities. Any above ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose by RCW 80.04.015 and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in Section 14.60.450.
Utility Facilities, Community or Regional. All utility facilities other than neighborhood facilities.
Utility Facilities, Neighborhood. Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.
Variance. A grant of permission by the City for the purpose of granting relief from specific development standards of this title as applied to a particular piece of property.
Vehicle Accommodation Area. That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.
Vehicular Access Easement or Tract. A privately owned right-of-way.
Vested Right. The guarantee that an application will be reviewed and a project can be developed (if a permit is issued) under regulations and procedures existing at one moment in time and regardless of changes that may have been made later and prior to final completion of a project or use.
Water-Dependent. A use for which the use of surface water would be essential in fulfilling the purpose of the proposed project.
Water Purveyor, Recognized. Any entity legally bound to supply to any area of the City of Lake Stevens and, in addition, shall have a water supply capable of delivering at least 500 gallons per minute for one hour for fire protection above the maximum daily demand rate as defined by State statute.
Wetland Mitigation Bank. A site where wetlands and buffers are restored, created, enhanced, or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources.
Wetlands. Areas that are inundated or saturated by surface water or groundwater 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, bogs, marshes, 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. However, wetlands include those artificial wetlands intentionally created to mitigate conversion of wetlands. See the Washington State Wetlands Identification and Delineation Manual.
Wholesale Sales. On-premises sales of goods primarily to customers engaged in the business of reselling the goods.
Wireless Communication Tower. A support structure to which is attached equipment used for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, and equipment cabinet.
Wireless Communications. Any personal wireless services as defined in the Telecommunications Act of 1996 or as may be subsequently amended. This includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed.
Wooded Area. An area of contiguous wooded vegetation where trees are at a density of at least one six-inch or greater caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.
Work Release, Pre-Release or Similar Facilities. Any dwelling or place licensed, certified or authorized by State, Federal or local authorities for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to transition residents back into society, enabling them to live independently.
Year-Round Driving Surface. A minimum of two inches of asphalt concrete pavement atop a properly prepared base and sub-base. The City Engineer may require this standard to be increased depending on specific circumstances.
Zone. A classification of land use that provides a range of allowed uses that are subject to bulk and performance standards. A zone is applied to parcels within the City limits and depicted on the zoning map.
Zoning. The process by which the City legally controls the use of property and physical configuration of development upon tracts of land within its jurisdiction by establishing zones and adopting the zoning map. Zoning is an official control that implements the Comprehensive Plan and is enacted for the protection of the public health, safety and welfare.
Zoning Map or Official Zoning Map. A map adopted by the City which depicts the boundaries of the various zones established by this title. (Ord. 860, Sec. 2 (Exh. 1), 2011; Ord. 855, Secs. 1 – 4, 2011; Ord. 821, Secs. 4, 5, 2009; Ord. 811, Secs. 17, 18, 19, 2010; Ord. 798, Sec. 1, 2009; Ord. 797, Sec. 2, 2009; Ord. 796, Secs. 2 – 4, 2009; Ord. 775, Secs. 2 – 15, 2008; Ord. 746, Secs. 2, 3, 2007; Ord. 741, Sec. 4, 2007; Ord. 737, Sec. 2, 2006; Ord. 699, Sec. 1, 2005; Ord. 676, Sec. 1, 2003; Ord. 666, 2002; Ord. 662, Sec. 1, 2002; Ord. 661, Sec. 1, 2002; Ord. 643, 2001; Ord. 615, 1999; Ord. 608, 1999; Ord. 607, 1999; Ord. 595, 1999; Ord 590, 1998; Ord. 511, 1996; Ord. 510, 1996; Ord. 499, 1995; Ord. 468, 1995)
14.08.020 Lots Divided by District Lines.
(a) Whenever a single lot one acre or less in size is located within two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot.
(b) Whenever a single lot greater than one acre in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located. (Ord. 468, 1995)