Chapter 18.04 DEFINITIONS

As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. [Ord. 1400 § 2(1), 2007: Ord. 1378 § 2(1), 2006.]

18.04.005 Abut (abutting, abuts).

“Abut” means to touch at one end or side, to lie adjacent to, be next to, or to border upon. Abut is synonymous with adjacent and adjoining. [Ord. 1104 § 11, 1994.]

18.04.010 Accessory.

“Accessory” means a use, a building or structure, part of a building or other structure, which is subordinate to and the use of which is incidental to that of the main building, structure, or use on the same lot, including a private garage. If an accessory building is attached to the main building by a common wall or roof, such accessory building shall be considered a part of the main building. [Ord. 175 § 1(24.04.010), 1964.]

18.04.015 Accessory living quarters (ALQ).

“Accessory living quarters (ALQ)” provide complete independent living facilities including provisions for living, sleeping, cooking, and sanitation within a detached structure or within part of the primary dwelling unit. [Ord. 1378 § 10, 2006: Ord. 175 § 1(24.04.015), 1964.]

18.04.015.1 Adjacent.

“Adjacent” means to abut. [Ord. 1104 § 12, 1994.]

18.04.016 Adult entertainment facilities.

“Adult entertainment facilities” means adult cabarets, adult retail uses, adult massage parlors, adult sauna parlors, adult bathhouses, and adult motion picture theaters, which are further more specifically defined in DMMC 18.04.016.1 through 18.04.016.6. [Ord. 1288 § 1(part), 2001: Ord. 655 § 1(part), 1986.]

18.04.016.1 Adult cabaret.

“Adult cabaret” means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar entertainers, and which excludes any person by virtue of minimum age from all or any portion of the premises. [Ord. 1288 § 1(part), 2001: Ord. 655 § 1(part), 1986. Formerly 18.04.016.2]

18.04.016.2 Adult retail use.

“Adult retail use” means a retail establishment which, for money or any other form of consideration, either:

(1) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult oriented merchandise; or

(2) Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult oriented merchandise. [Ord. 1288 § 1(part), 2001: Ord. 655 § 1(part), 1986. Formerly 18.04.016.5]

18.04.016.3 Adult massage parlor.

“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 minimum age from all or any portion of the premises in which such service is provided. [Ord. 1288 § 1(part), 2001: Ord. 655 § 1(part), 1986. Formerly 18.04.016.6]

18.04.016.4 Adult sauna parlor.

“Adult sauna parlor” means a commercial sauna parlor which excludes any person by virtue of minimum age from all or any portion of the premises. [Ord. 1288 § 1(part), 2001: Ord. 655 § 1(part), 1986. Formerly 18.04.016.7]

18.04.016.5 Adult bathhouse.

“Adult bathhouse” means a commercial bathhouse which excludes any person by virtue of minimum age from all or any portion of the premises. [Ord. 1288 § 1(part), 2001: Ord. 655 § 1(part), 1986. Formerly 18.04.016.8]

18.04.016.6 Adult motion picture theater.

“Adult motion picture theater” means an enclosed building used for presenting motion picture films or video tapes or any other visual media distinguished or characterized by an emphasis on, matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this zoning code, for observation by patrons therein. [Ord. 1288 § 1(part), 2001: Ord. 659 § 1, 1986. Formerly 18.04.017]

18.04.017 Adult oriented merchandise.

“Adult oriented merchandise” means any goods, products, commodities, or other wares, including, but not limited to, videos, CD- Roms, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities. [Ord. 1288 § 1(part), 2001: Ord. 655 § 1(part), 1986.]

18.04.018 Adult family home.

“Adult family home” means a regular family abode of a person or persons who are providing personal care, room, and board to more than one but not more than four adults who are not related by blood or marriage to the person or persons providing the services; except that a maximum of six adults may be permitted if the Department of Social and Health Services determines that the home is of adequate size and that the home and the provider are capable of meeting standards and qualifications as provided for in chapter 70.128 RCW as presently constituted or as may be subsequently amended or recodified. For the purpose of this section, an “adult” is a person who has attained the age of 18 years. [Ord. 1288 § 3, 2001: Ord. 1106 § 1, 1994. Formerly 18.04.016.3]

18.04.020 Airport, heliport, or aircraft landing field.

“Airport,” “heliport,” or “aircraft landing field” means any runway, landing area, or other facility whether publicly or privately owned and operated, and which is designed, used, or intended to be used either by public carriers or by private aircraft for landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces, but not including manufacturing, servicing, or testing facilities located in the vicinity of any landing area associated with the manufacturing or testing of commercial or military aircraft or activities associated therewith. [Ord. 175 § 1(24.04.020), 1964.]

18.04.025 Alley.

“Alley” means a public thoroughfare or way which affords only a secondary means of access to abutting property. [Ord. 175 § 1(24.04.025), 1964.]

18.04.030 Amendment.

“Amendment” means a change in the wording, context, or substance of this title, adoption of a zoning map hereunder, a change in the zone boundaries upon zoning maps adopted hereunder, or the adoption of a planned unit development. [Ord. 175 § 1(24.04.030), 1964.]

18.04.034 Amusement uses.

“Amusement uses” means area, structure, and/or business operated for profit, devoted to machines, tables, boards, or other devices designed to be operated or played on the premises by one or more individuals upon the payment of or by the insertion of a coin or token and shall be construed to include pinball machines, claw machines, cranes, video machines, bowling machines, and all other devices of like kind, nature, or purpose. [Ord. 697 § 12(C), 1987: Ord. 696 § 2(C), 1987.]

18.04.035 Animal, small.

Repealed by Ord. 532. [Ord. 175 § 1(24.04.035), 1964.]

18.04.037 Antenna.

“Antenna” means all attachments to the mast (supporting structure), excluding any rotor, which support or are electrically or mechanically related to the elements which transmit or receive electromagnetic radiation. [Ord. 445 § 1(C), 1978.]

18.04.038 Antenna system.

“Antenna system” means the mast and all attached antennas of only a commonly used and commercially available type, excluding parabolic antennas such as microwave dishes, which are used to transmit or receive any portion of the radio spectrum. [Ord. 445 § 1(A), 1978.]

18.04.040 Antiques and antique shop.

“Antiques” means any articles which, because of age, rarity, or historical significance, have a monetary value greater than the original value, or which have an age recognized by the United States Government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selling only such articles or offering them for sale shall be considered as an antique shop or store, and not considered as a dealership handling used or secondhand merchandise. [Ord. 175 § 1(24.04.040), 1964.]

18.04.045 Apartment.

“Apartment” means a room, or a suite of two or more rooms in a multiple dwelling or in any other building not a single-family dwelling or a duplex dwelling occupied or suitable for occupancy as a dwelling unit for one family. [Ord. 1197 § 20, 1997; Ord. 175 § 1(24.04.045), 1964.]

18.04.050 Apartment hotel.

“Apartment hotel” means a building containing dwelling units and six or more hotel rooms or suites. [Ord. 175 § 1(24.04.050), 1964.]

18.04.055 Apartment house.

“Apartment house” means a building or a portion of a building, designed for occupancy by three or more families living separately from each other and containing three or more dwelling units. [Ord. 175 § 1(24.04.055), 1964.]

18.04.056 Appeal, closed record.

As defined by RCW 36.70B.020(1), a “closed record appeal” means an appeal of a land use action following an open record public hearing on a proposed land use action. Such an appeal is on the record established during the open record pre-decision public hearing with no new evidence or information allowed. During a closed record appeal, only appeal argument is allowed. [Ord. 1174 § 81, 1996.]

18.04.056.1 Appeal, open record.

See “Public hearing.” [Ord. 1174 § 82, 1996.]

18.04.057 Aquifer.

“Aquifer” means a consolidated or unconsolidated ground water-bearing geologic formation or formations that contain enough saturated permeable material to yield significant quantities of water to wells. [Ord. 925 § 2, 1992.]

18.04.058 Area of special flood hazard.

“Area of special flood hazard” means the land within a flood plain subject to a one percent or greater chance of flooding in any given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, and wetlands. [Ord. 925 § 3, 1992.]

18.04.060 Automobile, boat, and trailer sales area.

“Automobile, boat, and trailer sales area” means an open area, other than a street, used for the display, sale, or rental of new or used automobiles, boats, or trailers, and where no repair work is done except minor incidental repair of automobiles, boats, or trailers to be displayed, sold, or rented on the premises. [Ord. 175 § 1(24.04.060), 1964.]

18.04.063 Motor vehicle repair operation.

“Motor vehicle repair operation” means a business involving the repair, overhaul, and/or reconditioning of motor vehicles as defined by Title 46 RCW. [Ord. 628 § 1, 1985.]

18.04.065 Automobile wrecker.

“Automobile wrecker” means any person, corporation, or enterprise engaged in automobile wrecking. [Ord. 175 § 1(24.04.065), 1964.]

18.04.070 Automobile wrecking.

“Automobile wrecking” means any dismantling or wrecking of motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. [Ord. 175 § 1(24.04.070), 1964.]

18.04.075 Automobile wrecking yard.

“Automobile wrecking yard” means any premises devoted to automobile wrecking as the term is defined in DMMC 18.04.070. [Ord. 175 § 1(24.04.075), 1964.]

18.04.077 Barbed wire.

“Barbed wire” means twisted strands of fence wire armed with barbs or sharp points at regular intervals. [Ord. 1315 § 1(part), 2003.]

18.04.080 Basement.

“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade (as defined in DMMC 18.04.320), but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling. A basement, when designed for or occupied for business or industrial purposes, or for dwelling purposes (recreational room or family room excepted) shall be considered a story. [Ord. 175 § 1(24.04.080), 1964.]

18.04.081 Bed and breakfast facilities.

“Bed and breakfast facilities” means accommodations and limited food service for travelers or transient guests in a single-family residence. The owner of the residence shall reside on the premises and the facility shall comply with all state regulations. There shall be not more than two lodging units or guest rooms in any residence. [Ord. 693 § 2, 1987.]

18.04.085 Block.

“Block” means all property abutting upon one side of a street between intersecting and intercepting streets, or between a street and railroad right-of-way, water way, terminus, or dead-end street, or city boundary line. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. [Ord. 175 § 1(24.04.085), 1964.]

18.04.087 Bluff.

“Bluff” means a steep slope which abuts and rises from Puget Sound. Bluffs contain slopes predominantly in excess of 40 percent, although portions may be less than 40 percent. Bluffs occur in the area north of South 222nd Street and south of South 232nd Street. The toe of the bluff is the beach of Puget Sound. The top of a bluff is typically a distinct line where the slope abruptly levels out. Where there is no distinct break in slope, the slope is either the line of vegetation separating the unvegetated slope from the vegetated uplands plateau or, when the bluff is vegetated, the point where the bluff slope diminishes to less than 15 percent. [Ord. 925 § 5, 1992: Ord. 853 § 3(a), 1990.]

18.04.090 Board.

“Board” means city council. [Ord. 175 §§ 1(24.04.090), 2(a), 1964.]

18.04.094 Boarding home.

“Boarding home” means any facility maintained for the express or implied purpose of providing board and domiciliary care to three or more aged persons not related by blood or marriage to the operator. In construing the meaning of the term “boarding home” reference will be made to RCW 18.20.020. [Ord. 887 § 1, 1991.]

18.04.095 Boarding house.

“Boarding house” means the same as lodging house, but where meals (with or without lodging) are provided for compensation for not more than 10 persons other than the family. Boarding house shall not include rest homes or convalescent homes. [Ord. 175 § 1(24.04.095), 1964.]

18.04.100 Boathouse, private.

“Private boathouse” means an accessory building, or portion of building, which provides shelter and enclosure for a boat or boats owned and operated only by the occupants of the premises. [Ord. 175 § 1(24.04.100), 1964.]

18.04.105 Boathouse, public.

“Public boathouse”’ means a boathouse other than a private boathouse, used for the care, repair, or storage of boats, or where such boats are kept for remuneration, hire, or sale. [Ord. 175 § 1(24.04.105), 1964.]

18.04.107 Buffer.

“Buffer” means either: an area adjacent to hillsides which provides the margin of safety through protection of slope stability, attenuation of surface water flows and landslide, seismic, and erosion hazards reasonably necessary to minimize risk to the public from loss of life, well-being, or property damage resulting from natural disasters; or an area adjacent to a stream or wetland which is an integral part of the stream or wetland ecosystem, providing shade; input of organic debris and coarse sediments; room for variation in stream or wetland boundaries; habitat for wildlife; impeding the volume and rate of runoff; reducing the amount of sediment, nutrients, and toxic materials entering the stream or wetland; and protection from harmful intrusion to protect the public from losses suffered when the functions and values of stream and wetland resources are degraded. [Ord. 853 § 3(b), 1990.]

18.04.110 Building.

“Building” means any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, or where special authority granted pursuant to this title requires that a use shall be within an entirely enclosed building, then the term “building” means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors which are designed so that they may be closed. [Ord. 175 § 1(24.04.110), 1964.]

18.04.115 Building department.

“Building department” means the city manager or his authorized representative. [Ord. 175 §§ 1(24.04.115), 2(b), 1964.]

18.04.120 Building height.

“Building height” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the height of the highest gable of a pitch or hip roof. [Ord. 564 § 1, 1983: Ord. 175 § 1(24.04.120), 1964.]

18.04.125 Building, main.

“Main building” means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one building or structure designed or used for the primary purpose, as in the case of group houses, each such permissible building or other structure on a lot or building site as defined by this title shall be construed as comprising a main building or structure. [Ord. 175 § 1(24.04.125), 1964.]

18.04.127 Building setback line.

“Building setback line” means a line beyond which the footprint or foundation of a building shall not extend. [Ord. 853 § 3(c), 1990.]

18.04.130 Building site.

“Building site” means a parcel of land assigned to a use, to a main building, or to a main building and its accessory buildings, together with all yards and open spaces required by this title, whether the area so devoted is comprised of one lot, a combination of lots, or combination of lots and fractions of lots. [Ord. 175 § 1(24.04.130), 1964.]

18.04.135 Bungalow court.

“Bungalow court” means a group of three or more detached one-story, one-family, or duplex dwellings located upon a single lot or building site, together with all open spaces required by this title. [Ord. 1197 § 21, 1997; Ord. 175 § 1(24.04.135), 1964.]

18.04.140 Business or commerce.

“Business” or “commerce” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance, or commodity for livelihood or profit; or the management or occupancy of the office buildings, offices, recreational, or amusement enterprises; or the maintenance and use of buildings, offices, structures, or premises by professions and trades or persons rendering services. [Ord. 175 § 1(24.04.140), 1964.]

18.04.145 Camp, public.

“Public camp” means any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents, camping trailers, or other camping outfits. [Ord. 175 § 1(24.04.145), 1964.]

18.04.150 Category.

“Category” means a broad generic group of types of uses such as agriculture, residential, business, commercial, manufacturing, and others, and which are further refined into zones distinguished principally by the degree of intensity of use. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.04.150), 1964.]

18.04.155 Cellar.

“Cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from the grade to the floor below is equal to or greater than the vertical distance from grade to the next ceiling above it. [Ord. 175 § 1(24.04.155), 1964.]

18.04.160 Cemetery.

“Cemetery” means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. [Ord. 175 § 1(24.04.160), 1964.]

18.04.162 Channel bottom.

“Channel bottom” means the submerged portion of the stream cross-section which is totally an aquatic environment. The channel bottom may be seasonally dry. [Ord. 853 § 3(d), 1990.]

18.04.165 Church.

“Church” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, kitchen, library room or reading room, recreation hall, a one-family dwelling unit and residences on site for nuns and clergy, but excluding facilities for training of religious orders. [Ord. 175 § 1(24.04.165), 1964.]

18.04.170 Classification.

“Classification” means a refined identification of uses which, either individually or as to type, are identified as possessing similar characteristics or performance standards and are permitted as compatible uses in a zone. A classification, as the term is employed in this title, includes provisions, conditions, and requirements related to the permissible location of permitted uses. [Ord. 175 § 1(24.04.170), 1964.]

18.04.172 Clearing.

“Clearing” means the destruction and removal of vegetation by burning, mechanical, or chemical methods. [Ord. 853 § 3(e), 1990.]

18.04.175 Club.

“Club” means an association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. [Ord. 175 § 1(24.04.175), 1964.]

18.04.177 Coastal Zone Atlas of Washington.

“Coastal Zone Atlas of Washington” means a document prepared by the Washington State Department of Ecology (publication No. DOE 77-21-6) to assist local governments in making land and water use decisions for the shoreline areas and marine aquatic areas under their jurisdiction. The document contains the following coastal surveys: geology, slope stability, flooding, sand and gravel resources, critical faunal and floral areas, coastal drift sector inventory, and land cover/land use. [Ord. 853 § 3(f), 1990.]

18.04.180 Combustible.

“Combustible” means any mixture, substance, or compound which is susceptible of spontaneous combustion, or which is flammable. [Ord. 175 § 1(24.04.180), 1964.]

18.04.183 Commercial and recreational shellfish areas.

“Commercial and recreational shellfish areas” means areas that include all public and private tidelands or bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to chapter 90.72 RCW. [Ord. 1400 § 2(2), 2007.]

18.04.185 Commission.

“Commission” means the city planning agency. [Ord. 767 § 1, 1988: Ord. 175 §§ 1(24.04.185), 2(c), 1964.]

18.04.187 Compensation.

“Compensation” means the replacement, enhancement, or creation of an undevelopable environmentally critical area equivalent in functions, values, and size to those being altered or lost from development. [Ord. 853 § 3(g), 1990.]

18.04.190 Conditional use.

“Conditional use” means a use permitted in one or more zones as defined by this title but which use because of characteristics peculiar to it, or because of size, technological processes, or type of equipment, or because of the exact location with reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones, and to assure that such use shall not be inimical to the public interest. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.04.190), 1964.]

18.04.195 Conditional use permit.

“Conditional use permit” means the documented evidence of authority granted by the board of adjustment to locate a conditional use at a particular location. [Ord. 175 § 1(24.04.195), 1964.]

18.04.200 Conforming building.

“Conforming building” means:

(1) In the residential zones, a building which is considered to be a residential building by the building code, and other buildings designed to accommodate uses permitted in these zones and which buildings also conform to the requirements of this title in the matter of use, height, yards, and area coverage, and which do not contain more than the number of dwelling units prescribed for the zone in which such buildings are located.

(2) In the commercial zones, a building which is considered under the building code as a building designed to accommodate uses permitted in the commercial zones. [Ord. 1237 § 4, 1999; Ord. 175 § 1(24.04.200), 1964.]

18.04.205 Conforming use.

“Conforming use” means an activity the nature and type of which is permitted in the zone in which the property on which it is established is located. [Ord. 175 § 1(24.04.205), 1964.]

18.04.206 Continuing care retirement community.

“Continuing care retirement community” means a facility that provides apartment type and/or cottage housing, residential services, and health care to people of retirement age. These facilities provide a full continuum of housing and care, from independent living through nursing care, in order to meet the aging person’s growing need for supportive services and care. [Ord. 887 § 2, 1991.]

18.04.207 County.

All references to “King County” or “county” mean city of Des Moines or city. [Ord. 175 § 2(d), 1964.]

18.04.210 Court.

“Court” means any portion of the interior of a lot or building site which is fully or partially surrounded by buildings or other structures and which is not a required yard or open space. [Ord. 175 § 1(24.04.210), 1964.]

18.04.211 Creation (establishment), wetlands.

“Creation (establishment)” means 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. “Establishment” results in a gain in wetland acres. Activities typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. [Ord. 1400 § 2(3), 2007.]

18.04.212 Critical aquifer recharge areas (CARAs).

“Critical aquifer recharge areas (CARAs)” mean those areas with a critical recharging effect on aquifers used for potable water, as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. Aquifer recharge areas shall be rated as having high, moderate, or low susceptibility based on soil permeability, geologic matrix, infiltration, and depth to water as determined by the criteria established by the state Department of Ecology.

These areas include the following:

(1) Wellhead Protection Areas. Wellhead protection areas may be defined by the boundaries of the 10-year time of ground water travel or boundaries established using alternate criteria approved by the Washington State Department of Health in those settings where ground water time of travel is not a reasonable delineation criterion, in accordance with WAC 246-290-135.

(2) Sole Source Aquifers. Sole source aquifers are areas that have been designated by the U.S. Environmental Protection Agency pursuant to the Federal Safe Water Drinking Act.

(3) Susceptible Ground Water Management Areas. Susceptible ground water management areas are areas that have been designated as moderately or highly vulnerable or susceptible in an adopted ground water management program developed pursuant to chapter 173-100 WAC.

(4) Special Protection Areas. Special protection areas are those areas defined by WAC 173-200-090.

(5) Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that are moderately or highly vulnerable to degradation or depletion because of hydrogeologic characteristics are those areas delineated by a hydrogeologic study prepared in accordance with the state Department of Ecology guidelines.

(6) Moderately or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas moderately or highly susceptible to degradation or depletion because of hydrogeologic characteristics are those areas meeting the criteria established by the state Department of Ecology. [Ord. 1400 § 3, 2007: Ord. 925 § 6, 1992.]

18.04.215 Dairy.

“Dairy” means any premises where three or more cows, three or more goats, or any combination thereof are kept, milked, or maintained. [Ord. 175 § 1(24.04.215), 1964.]

18.04.216 Dangerous fence.

“Dangerous fence” means a fence which is designed to be able to or is likely to inflict injury or harm. The term includes, but is not limited to, fences constructed of or including barbed wire or razor wire. [Ord. 1315 § 1(part), 2003.]

18.04.217 Dangerous waste.

“Dangerous waste” means those wastes designated in WAC 173-303-070 through 173-303-103 as dangerous wastes. “Dangerous waste” also is any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such a quantity or concentration as to pose a substantial hazard or potential hazard to human health wildlife, or the environment because such wastes or constituents or combinations of such wastes have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties or are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. Moderate risk waste is not a dangerous waste. [Ord. 757 § 1(part), 1988.]

18.04.218 Date of decision.

“Date of decision” means the date the final decision or determination is rendered or issued, unless specified otherwise by law. [Ord. 1174 § 83, 1996.]

18.04.220 Day care center.

“Day care center” means an agency which regularly provides care for a group of children for periods of less than 24 hours. [Ord. 1106 § 2, 1994: Ord. 806 § 1, 1989: Ord. 793 § 2, 1989.]

18.04.220.5 Developable area.

“Developable area” means the “site area” less the following areas:

(1) Areas within a project site that are required to be dedicated for public rights-of-way;

(2) Environmentally critical areas and their buffers to the extent they are required by the city to remain undeveloped;

(3) Areas required for storm water control facilities, including but not limited to retention/detention ponds/vaults, biofiltration swales and setbacks from such ponds and swales;

(4) Areas required by the city to be dedicated or reserved as on-site recreation areas;

(5) Other areas, excluding setbacks, required by the city to remain undeveloped. [Ord. 1400 § 2(4), 2007.]

18.04.221 Development activity.

“Development activity” means any work, condition, or activity which requires a permit or approval under Titles 11, 14, 16, or 18 DMMC or under chapter 2.22 DMMC. [Ord. 937 § 4, 1992.]

18.04.222 Development site.

“Development site” means the entire lot, series of lots, or parcels on which a development is located or is proposed to be located, including all contiguous undeveloped lots or parcels which are under common ownership with the developed lots on or subsequent to June 30, 1990. This definition only applies to chapter 18.86 DMMC. [Ord. 853 § 3(h), 1990.]

18.04.224 Drainage facility.

“Drainage facility” means the system of collecting, conveying, and storing surface and storm water runoff. Drainage facilities shall include but not be limited to all surface and storm water runoff conveyance and containment facilities including streams, pipelines, channels, ditches, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and manmade. [Ord. 853 § 3(i), 1990.]

18.04.225 Dump.

“Dump” means an open area devoted to the disposal of refuse, including incineration, reduction, or dumping of ashes, garbage, combustible or noncombustible refuse, but not including transfer stations. [Ord. 175 § 1(24.04.225), 1964.]

18.04.230 Dwelling.

“Dwelling” means a building designed exclusively for residential purposes, including one-family, duplex, townhouse, and multiple dwellings, which is constructed in accordance with the city buildings and construction code (Title 14 DMMC) as presently constituted or as may be subsequently amended, but not including hotels or motel units having no kitchens. [Ord. 1197 § 22, 1997; Ord. 658 § 1, 1986: Ord. 175 § 1(24.04.230), 1964.]

18.04.235 Dwellings, types of.

(1) “Group dwelling” means more than two separate buildings, each containing one or more dwelling units.

(2) “One-family dwelling” means a detached building designed exclusively for occupancy by one family and containing one dwelling unit.

(3) “Townhouse dwelling” means one dwelling unit on an internal lot within a townhouse development designed exclusively for occupancy by one family. A townhouse dwelling is located at an internal lot line and attached to one or more other townhouse dwellings. The first floor of a townhouse dwelling is at or near ground level. A townhouse dwelling occupies the building area from ground level to the roof with no townhouse dwelling located above or below another townhouse dwelling.

(4) “Duplex” means a building designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units. Duplexes may contain units that are not at ground level.

(5) “Multiple dwelling” means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units. [Ord. 1197 § 1, 1997; Ord. 175 § 1(24.04.235), 1964.]

18.04.240 Dwelling unit.

“Dwelling unit” means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. A bachelor apartment constitutes a dwelling unit within the meaning of this title. [Ord. 175 § 1(24.04.240), 1964.]

18.04.245 Educational institution.

“Educational institution” means elementary schools, junior high schools, middle schools, high schools, junior colleges, community colleges, colleges, or universities, or other schools giving general academic instruction in the several branches of learning and study required by the education code¹ of the state. [Ord. 767 § 2, 1988: Ord. 175 § 1(24.04.245), 1964.]

18.04.246 Electric fence.

“Electric fence” means an above-ground wire fence that is designed to carry an electric current that will produce a mild shock when a person or animal comes into contact with the wire. [Ord. 1315 § 1(part), 2003.]

18.04.247 Emergency.

“Emergency” means a situation or condition as determined by the city council that requires prompt action in order to prevent or minimize adverse impacts upon public safety, health, and welfare. [Ord. 1174 § 84, 1996.]

18.04.249 Enhancement, wetlands.

“Enhancement” means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention, or wildlife habitat. Enhancement results in a change in 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 nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these activities. [Ord. 1400 § 2(5), 2007.]

18.04.250 Entirely enclosed building or structure.

“Entirely enclosed building or structure” means a building or structure so designed and constructed that all exterior walls of the building or structure shall be solid from the ground to the roof line and containing no openings except for windows and doors which are so designed that they may be closed. [Ord. 175 § 1(24.04.250), 1964.]

18.04.252 Environmentally sensitive areas.

“Environmentally sensitive areas” means any of those areas of the city which are subject to natural hazards or those landform features which in their natural state carry, hold, or purify water; support unique, fragile, or valuable natural resources including fish, wildlife, and other organisms and their habitat; provide flood protection; provide shoreline stabilization; provide ground water recharge; maintain stream flow; stabilize slope and shoreline bluffs; stabilize soil; and control erosion. Environmentally sensitive areas include the following landform features: hillsides, wetlands, streams, areas of special flood hazard, critical aquifer recharge areas, fish and wildlife habitat conservation areas, and the protective buffers necessary to protect the public health, safety, and welfare, each as defined in this chapter. [Ord. 925 § 7, 1992: Ord. 853 § 3(j), 1990.]

18.04.255 Equipment, heavy duty.

“Heavy duty equipment” means high-capacity mechanical devices for moving earth or other materials, mobile power units, including, but not limited to, carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. [Ord. 175 § 1(24.04.255), 1964.]

18.04.260 Erected.

“Erected” means the construction of any building or structure, or the structural alteration of a building or structure the result of which would be to change the exterior walls or roof or to increase the square foot floor area of the interior of the building or structure. [Ord. 175 § 1(24.04.260), 1964.]

18.04.262 Erosion hazard areas.

“Erosion hazard areas” means at least those areas identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard. Erosion hazard areas are also those areas impacted by shore land and/or stream bank erosion and those areas within a river’s channel migration zone. [Ord. 1400 § 2(6), 2007: Ord. 853 § 3(k), 1990.]

18.04.263 Essential public facilities.

“Essential public facilities” means public facilities that are typically difficult to site, such as airports, state education facilities, and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. [Ord. 1378 § 2(2), 2006.]

18.04.265 Explosive.

“Explosive” means any mixture, substance, or compound having properties of such a character that alone, or in combination or contiguity with other substances or compounds, may decompose suddenly and generate sufficient heat, gas, or pressure to produce rapid flaming combustion or administer a destructive blow to surrounding objects. [Ord. 175 § 1(24.04.265), 1964.]

18.04.267 Extremely hazardous waste.

“Extremely hazardous waste” means those wastes identified in WAC 173-303-070 through 173-303-103 as extremely hazardous wastes. Extremely hazardous waste is also disposal of hazardous waste at any facility in such quantities that would pose a significant danger to man or the environment or any waste that persists in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of man or wildlife or is highly toxic to man or wildlife. [Ord. 757 § 1(part), 1988.]

18.04.270 Family.

“Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons who are not related by blood or marriage, excluding servants, living together in a dwelling unit. [Ord. 175 § 1(24.04.270), 1964.]

18.04.271 Family day care provider.

“Family day care provider” means a licensed day care provider who regularly provides day care for not more than 12 children in the provider’s home in the family living quarters. [Ord. 1106 § 3, 1994.]

18.04.273 Federally designated endangered and threatened species.

“Federally designated endangered and threatened species” means those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current listing status. [Ord. 1400 § 2(7), 2007.]

18.04.275 Fence.

“Fence” means a masonry wall or a barrier composed of posts connected by boards, rails, panels, or wire for the purpose of enclosing space or separating parcels of land. The term “fence” does not include retaining walls. [Ord. 175 § 1(24.04.275), 1964.]

18.04.280 Fire escape.

“Fire escape” means an auxiliary facility for emergency escape from a building as defined or designated by the building code. [Ord. 175 § 1(24.04.280), 1964.]

18.04.285 First permitted.

The term “first permitted” refers to the most restricted zone in which a particular use is indicated as a permissible use. [Ord. 175 § 1(24.04.285), 1964.]

18.04.287 Fish and wildlife habitat conservation areas.

“Fish and wildlife habitat conservation” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. Fish and wildlife habitat conservation areas include:

(1) Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association;

(2) State priority habitats and areas associated with state priority species;

(3) Habitats and species of local importance;

(4) Commercial and recreational shellfish areas;

(5) Kelp and eelgrass beds identified by the Washington Department of Natural Resources;

(6) Herring and smelt spawning areas as outlined in chapter 220-110 WAC and the Puget Sound Environmental Atlas as presently constituted or as may be subsequently amended;

(7) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;

(8) Waters of the state as defined in Title 222 WAC;

(9) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and

(10) State natural area preserves and natural resource conservation areas as defined, established, and managed by the Washington State Department of Natural Resources; [and]

(11) Areas of rare plant species and high quality ecosystems as identified by the Washington State Department of Natural Resources through the Natural Heritage Program; and

(12) Land useful or essential for preserving connections between habitat blocks and open spaces as determined by the city manager or designee. [Ord. 1400 § 4, 2007: Ord. 925 § 8, 1992.]

18.04.290 Flammable.

“Flammable” means any mixture, substance, or compound which will emit a flammable vapor at a temperature at or below 300 degrees Fahrenheit when tested in a Tagliabue open cup tester; if a liquid, then one having a flash point below 200 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at one 100 degrees Fahrenheit. [Ord. 175 § 1(24.04.290), 1964.]

18.04.295 Floor area.

“Floor area” means a total floor area within the walls of all buildings on a lot or building site, except for the spaces therein devoted to vents, shafts and light courts and except for the area devoted exclusively to loading and unloading facilities and to parking of motor vehicles. [Ord. 175 § 1(24.04.295), 1964.]

18.04.300 Foster home, 24-hour care.

A “24-hour foster care home” means a dwelling occupied by a family who, for compensation or otherwise, accepts and cares for not more than six children as full-time residents as a part of the family as defined in this chapter and which children are assigned by authorized public authorities. [Ord. 175 § 1(24.04.300), 1964.]

18.04.305 Foster family day care home.

“Foster family day care home” means a residence licensed by authorized public authorities, to be used to care for not more than six children by the day, with or without compensation. A “foster family day care home” may be considered to include a day nursery conducted on a half-day basis, when such home is licensed by authorized public authorities; provided, the number of children cared for at any time shall not exceed six. [Ord. 175 § 1(24.04.305), 1964.]

18.04.310 Garage, private.

“Private garage” means an accessory building or an accessory portion of the main building, enclosed on not less than three sides and designed or used only for the shelter or storage of vehicles owned or operated only by the occupants of the main building or buildings. [Ord. 175 § 1(24.04.310), 1964.]

18.04.315 Garage, public.

“Public garage” means a building, other than a private garage, used for the care, repair, or storage of automobiles, or where such vehicles are kept for remuneration, hire, or sale. [Ord. 175 § 1(24.04.315), 1964.]

18.04.317 Geologically hazardous areas (GHA).

“Geologically hazardous areas (GHA)” means areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. Areas susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area.

(1) Erosion hazard;

(2) Landslide hazard;

(3) Seismic hazard; and

(4) Other geological events including tsunamis, mass wasting, debris flows, rock falls, and differential settlement. [Ord. 1400 § 2(8), 2007.]

18.04.319 Group home facilities.

“Group home facilities” means accommodations, meals, and care for not more than five ambulatory persons in a single-family residence. The owner of the residence shall reside on the premises and the facility shall comply with all state regulations, except a licensed adult family home is not a group home facility. [Ord. 1106 § 4, 1994: Ord. 693 § 1, 1987.]

18.04.320 Grade.

“Grade” means the average of the finished ground level at the center of all exterior walls of a building. In case walls are parallel to and within five feet of a sidewalk, the sidewalk shall be considered the finished ground level. [Ord. 175 § 1(24.04.320), 1964.]

18.04.320.1 Grade, artificial.

“Artificial grade” means a manmade grade created by means of earthen terraces, berms, fills, or the like, specifically for the purpose of gaining a height advantage or disguising the true height of a structure. [Ord. 925 § 4, 1992; Ord. 564 § 2, 1983. Formerly 18.04.321.]

18.04.320.2 Grade, mean average sidewalk.

“Mean average sidewalk grade” means the mathematical average of the highest and lowest elevations of the sidewalk parallel to the building frontage. Mean average sidewalk grade is a horizontal plane at a specific elevation. [Ord. 1120 § 2, 1995.]

18.04.320.3 Grade, mean average street frontage.

“Mean average street frontage grade” means the mathematical average of the highest and lowest elevations of the public right-of-way parallel to the building frontage. Mean average street frontage grade is a horizontal plane at a specific elevation. [Ord. 1120 § 3, 1995.]

18.04.320.4 Grade, median sidewalk.

“Median sidewalk grade” means the average elevation of a sidewalk, abutting a commercial street, as designed by the city, along the public street line; except that for the west side of Marine View Drive South, median sidewalk grade shall be defined as the average elevation of the alley extending mid-block between 7th Avenue South and Marine View Drive South. For properties lying between Marine View Drive South and 8th Avenue South, sidewalk grade shall be established at Marine View Drive grade elevations. [Ord. 697 § 12(D), 1987: Ord. 696 § 2(D), 1987. Formerly 18.04.320.3.]

18.04.320.7 Habitat of local importance.

“Habitat of local importance” means 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. Such areas may include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors, and areas of limited availability or high vulnerability to alteration, such as bluffs, talus, and wetlands. [Ord. 925 § 9, 1992.]

18.04.321.1 Hazardous substance.

“Hazardous substance” means any solid, liquid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any characteristics or criteria of hazardous waste as described in WAC 173-303-090, 173-303-101, 173-303-102, or 173-303-103. [Ord. 757 § 1(part), 1988.]

18.04.321.2 Hazardous waste.

“Hazardous waste” means any dangerous waste or extremely hazardous waste. Moderate risk waste is not a hazardous waste. [Ord. 757 § 1(part), 1988.]

18.04.321.3 Hillsides.

“Hillsides” means geological features of the landscape having slopes of 15 percent and greater. To differentiate between levels of hillside protection and the application of development standards, the city categorizes hillsides into four groups: hillsides of at least 15 percent but less than 25 percent; hillsides of at least 25 percent but less than 40 percent; hillsides of 40 percent slope and greater; and hillsides which are ravine sidewalls or bluffs. [Ord. 853 § 3(l), 1990.]

18.04.321.4 Historic Properties Survey: City of Des Moines.

“Historic Properties Survey: City of Des Moines” means the Historic Properties Survey: City of Des Moines as prepared on October 14, 1994 for the city of Des Moines. A copy of this survey is maintained on file in the office of the city clerk and in the office of the community development director and is available for public inspection. [Ord. 1124 § 6, 1995.]

18.04.322 Home occupation.

“Home occupation” means an occupation customarily incident to the use of the premises as a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on; provided, such occupation is carried on by a member of the family residing within the dwelling place. [Ord. 295 § 1, 1971.]

18.04.325 Hospital.

“Hospital” means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and licensed by state law to provide facilities and services in surgery, obstetrics, and general medical practice, as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and post-surgical treatment of mental cases. [Ord. 175 § 1(24.04.325), 1964.]

18.04.330 Hospital, mental (including hospital for treatment of alcoholics).

“Mental hospital” means an institution licensed by state agencies under the provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders, and alcoholics. Establishments limiting services to juveniles below the age of five years, and establishments housing and caring for cases of cerebral palsy are not considered mental hospitals. [Ord. 175 § 1(24.04.330), 1964.]

18.04.335 Hospital or clinic, small animal.

“Small animal hospital or clinic” means an establishment in which veterinary medical services, clipping, bathing, and similar services are rendered to dogs, cats, and other small animals and domestic pets, but not including kennels. [Ord. 175 § 1(24.04.335), 1964.]

18.04.340 Hotel.

“Hotel” means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, and in which building may be included one apartment for use of the resident manager, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar buildings where human beings are housed or detained under legal restraint. [Ord. 175 § 1(24.04.340), 1964.]

18.04.343 Intensity of land use.

The following definitions of “land use intensity” serve as the basis for establishing wetland buffers and development standards as codified in chapter 18.86 DMMC.

(1) “High intensity land use” means land uses which are associated with high levels of human disturbance or substantial habitat impacts including, but not limited to, medium- and high-density residential (more than one home per five acres), multifamily residential, and commercial and industrial land uses. The majority of land uses in Des Moines are considered “high intensity land use.”

(2) “Moderate intensity land use” means land uses which are associated with moderate levels of human disturbance or substantial habitat impacts including, but not limited to, active recreation.

(3) “Low intensity land use” means 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 land uses. [Ord. 1400 § 2(9), 2007.]

18.04.345 Junk dealer.

“Junk dealer” means and includes any person or enterprise having a fixed place of business in the city and engaged in conducting, managing, or carrying on the business, either wholesale or retail, of buying, selling, or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal, rubber, or other articles commonly known as junk. [Ord. 175 § 1(24.04.345), 1964.]

18.04.350 Junkyard.

“Junkyard” means any premises devoted wholly or in part to the storage, buying, or selling, or otherwise handling or dealing in old rags, sacks, bottles, cans, papers, metal, rubber, or other articles commonly known as junk. [Ord. 175 § 1(24.04.350), 1964.]

18.04.355 Kennel.

“Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months. [Ord. 175 § 1(24.04.355), 1964.]

18.04.356 King County Division of Parks and Recreation Play Area Design and Inspection Handbook.

“King County Division of Parks and Recreation Play Area Design and Inspection Handbook” is a document which contains guidelines for the design, construction, and inspection of recreational facilities and equipment, and is available for public inspection at the city department of community development. [Ord. 901 § 1, 1991.]

18.04.357 King County Sensitive Areas Map Folio.

“King County Sensitive Areas Map Folio” is a series of maps prepared by King County delineating Class III landslide hazard areas, Class III seismic hazard areas, erosion hazard areas, wetlands, anadromous fish-bearing waters, 100-year flood plains, and water types. A copy of this folio and unscreened maps of Area No. 5 are stored at the city department of community development. [Ord. 853 § 3(m), 1990.]

18.04.358 King County Wetland Inventory Notebook.

“King County Wetland Inventory Notebook” is a study conducted by the King County planning division in 1983 to inventory wetlands county-wide. The results of the wetlands inventory are summarized in a three-volume notebook. The notebook shows the location of wetlands mapped in the inventory and identifies each with a two-digit number which links it to collected data. Each wetland is assigned one of three wetland ratings determined by examining the scores of selected inventory tasks, specific data, and percentile rankings for various categories. [Ord. 853 § 3(n), 1990.]

18.04.360 Kitchen.

“Kitchen” means any room or rooms, or portion of a room or rooms, used or intended or designed to be used for cooking or the preparation of food. [Ord. 175 § 1(24.04.360), 1964.]

18.04.362 Landslide.

“Landslide” means an episodic downslope movement of a mass of soil or rock that includes but is not limited to rockfalls, slumps, mudflows, and earthflows. [Ord. 853 § 3(o), 1990.]

18.04.363 Landslide hazard areas.

“Landslide hazard areas” are those areas of the city potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of these may include, but are not limited to, the following:

(1) Areas of historic failures, such as:

(a) Those areas delineated by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “severe” limitation for building site development;

(b) Those areas mapped by the Washington State Department of Ecology (Coastal Zone Atlas) or the Washington State Department of Natural Resources (slope stability mapping) as unstable (U or class 3), unstable old slides (UOS or class 4), or unstable recent slides (URS or class 5); or

(c) Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey or Washington State Department of Natural Resources;

(2) Any area with a combination of:

(a) Slopes greater than 15 percent;

(b) Impermeable soils (usually silt and clay) frequently interbedded with granular permeable soils (usually sand and gravel); and

(3) Any area which has shown movement during the Holocene epoch (from 10,000 years ago to present) or which is underlain by mass wastage debris of that age;

(4) Any area potentially unstable as a result of rapid stream incision, stream bank erosion, or undercutting by wave action;

(5) Any area designated as Class III landslide hazard area by the “Map Showing Relative Slope Stability in Part of West-Central King County, Washington, Map I-852-A, U.S., Geological Survey Miscellaneous Geologic Investigations” as presently constituted or as may be subsequently amended;

(6) Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials;

(7) Slopes having gradients steeper than 80 percent subject to rock fall during seismic shaking;

(8) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and

(9) Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief. [Ord. 1400 § 5, 2007: Ord. 925 § 10, 1992: Ord. 853 § 3(p), 1990.]

18.04.365 Lighter uses (antithesis of heavier uses).

“Lighter uses” means uses involving performance standards having less detrimental effect upon surrounding properties and uses in the same or other zones than do uses first permitted in the next succeeding zone in terms of nuisance, hazard, generation of traffic and volume of traffic, both passenger and freight, and which uses make less demand upon public services such as electricity, gas, sewers, and streets. Where residential uses are involved, the term “lighter uses” means less permitted population density, possibly greater required yards, open spaces, and floor area within dwellings than is permitted or required in the next succeeding residential zone. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.04.365), 1964.]

18.04.370 Livestock.

“Livestock” means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, and mules. [Ord. 175 § 1(24.04.370), 1964.]

18.04.375 Loading space.

“Loading space” means an on-site space or berth on the same lot or site with the buildings or use served, such space to serve for the temporary parking of a vehicle while loading or unloading merchandise, materials, or passengers. [Ord. 175 § 1(24.04.375), 1964.]

18.04.380 Lodging house.

“Lodging house” means a dwelling unit within which not more than five guest rooms are devoted to accommodating not more than 10 persons other than members of the family, but wherein meals for guests shall be neither provided nor permitted. A lodging house containing guest rooms numbering six or more shall be considered a hotel. [Ord. 175 § 1(24.04.380), 1964.]

18.04.385 Lot.

“Lot” means a building site that is described by reference to a recorded plat, by metes and bounds, or by section, township, and range which has direct legal access to a street or has access to a street over an easement approved by the city. [Ord. 175 § 1(24.04.385), 1964.]

18.04.390 Lot area and dimensions.

(1) “Lot area” means the total horizontal area within the boundary lines of a lot; provided, that the following areas are not included within the lot area and are not used to compute lot area or the area available for the satisfaction of any required yard:

(a) The area of a vehicular surface access easement or private street; and

(b) The area seaward of the ordinary high water mark from Puget Sound; and

(2) “Lot depth” means the horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a line parallel to the lot front line and passing through the midpoint of the lot rear line. In the case of a lot having a curved front line, the lot front line, for purposes of this section shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot side lines of the lot with the lot front line.

(3) “Lot width” means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front line and the lot rear line. [Ord. 892 § 1, 1991: Ord. 567 § 1, 1983; Ord. 175 § 1(24.04.390), 1964.]

18.04.395 Lot lines.

(1) “Lot front line or front lot line” means, in the case of an interior lot, a line separating the lot from the street; in the case of a corner lot and reverse corner lot, the lot front line shall be the line separating the narrowest street frontage of the lot from the street. In case of corner lots or reverse corner lots having equal street frontages, that property line the prolongation of which creates the front property line for the greatest number of interior lots in the same block shall be considered as the lot front line of such corner or reverse corner lot.

(2) “Lot perimeter line or perimeter lot line” means a lot line constituting the boundary of a planned unit development or townhouse development.

(3) “Lot rear line or rear lot line” means a lot line which is opposite and most distant from the lot front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:

(a) For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the lot front line and at right angles to the line comprising the depth of such lot shall be used as the lot rear line;

(b) In the case of a trapezoidal lot the rear line of which is not parallel to the lot front line, the lot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line;

(c) In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angles shall be employed for determining the lot rear line in the same manner as prescribed for a triangular lot.

(d) In no case shall the application of the above be interpreted as permitting a main building to locate closer than five feet to any property line.

(4) “Lot side line or side lot line” means any lot boundary line not a lot front line or a lot rear line. [Ord. 1197 § 2, 1997; Ord. 175 § 1(24.04.395), 1964.]

18.04.400 Lot types.

(1) “Corner lot” means a lot situated at the intersection of two or more streets, the street frontages of which lot form an angle not greater than 128 degrees, and not less than 45 degrees.

(2) “Internal lot” means a lot within a planned unit development or townhouse development for the purpose of separate ownership of dwellings or for undivided ownership of common areas and facilities. An internal lot will also be a corner lot, interior lot, key lot, reverse corner lot, through lot, or transitional lot.

(3) “Interior lot” means a lot other than a corner lot or a reverse corner lot.

(4) “Key lot” means the first lot to the rear of a reverse corner lot and whether or not separated by an alley.

(5) “Reverse corner lot” means a corner lot the side street line of which is substantially a continuation of the lot front line of the lot upon which the rear of the corner lot abuts.

(6) “Through lot” means a lot having frontage on two streets, including a lot at the intersection of two streets when the street sides of such lot form an internal angle of less than 45 degrees. Corner lots and reverse corner lots as defined in this section are not through lots.

(6) “Transitional lot” means a residentially zoned lot a side line of which forms a common boundary with contiguous property zoned for either a higher density residential use or commercial or industrial uses. [Ord. 1197 § 3, 1997; Ord. 175 § 1(24.04.400), 1964.]

18.04.401 Lower bank.

“Lower bank” means the intermittently submerged portion of the stream cross-section which extends from the ordinary high water line to the water’s edge during the summer low flow period. [Ord. 853 § 3(q), 1990.]

18.04.402 Mast (supporting structure).

“Mast (supporting structure)” means all parts of an antenna system used for the purpose of providing vertical support for the antenna. [Ord. 445 § 1(B), 1978.]

18.04.405 Medical-dental building or buildings.

“Medical-dental building or buildings” means a building or group of buildings designed for the use of, and occupied and used by, physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the state, including medical clinics; and including the installation and use of therapeutic equipment, x-ray equipment or laboratories, chemical, biochemical, and biological laboratories used as direct accessories to the medical-dental professions; dental laboratories including facilities for the making of dentures on prescription; pharmacies limited to the retail dispensing of pharmaceuticals and sick room supplies (but not room or orthopedic equipment or furniture); provided, there shall be no exterior display windows or signs pertaining to such accessory uses other than a directory sign. [Ord. 175 § 1(24.04.405), 1964.]

18.04.410 Medical-dental clinic.

“Medical-dental clinic” means an establishment for treatment of outpatients, and providing no overnight care for patients. [Ord. 175 § 1(24.04.410), 1964.]

18.04.410.1 Mitigation.

“Mitigation” means the use of any combination or all of the following actions:

(1) Avoiding impacts to environmentally critical areas by not taking a certain action or parts of an action;

(2) 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;

(3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environmentally critical area;

(4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development proposal;

(5) Compensating for the impact by replacing or enhancing environmentally critical areas, or providing substitute resources; and

(6) Monitoring the impact and taking appropriate corrective measures. [Ord. 853 § 3(r), 1990.]

18.04.411 Mixed use.

“Mixed use” means one or more dwelling units and one or more enclosed commercial, business, or retail uses in a building in a commercial zone. [Ord. 1237 § 4, 1999; Ord. 1140 § 2, 1995: Ord. 1104 § 14, 1994: Ord. 617 § 1, 1985.]

18.04.413 Moderate risk waste.

“Moderate risk waste” means those wastes defined in WAC 173-303-040(55) as moderate risk wastes. This may include wastes that exhibit properties of hazardous waste but are exempt from regulation under chapter 70.105 RCW because the waste is generated in quantities below the threshold for regulation or any household waste which is generated from the disposal of substances identified by the Department of Ecology as hazardous household substances. [Ord. 757 § 1(part), 1988.]

18.04.414 Monitoring.

“Monitoring” means the collection and analysis of data by various methods for the purposes of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data, evaluating the impacts of development proposals on the biological, hydrologic, and geologic elements of such systems, and assessing the performance of mitigation measures. [Ord. 853 § 3(s), 1990.]

18.04.415 Motel.

“Motel” means a group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside, and where a garage is attached to or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and the word shall include tourist courts, motor courts, automobile courts, automobile camps, and motor lodges. A unit in a motel having kitchen facilities shall constitute a dwelling unit and shall be subject to all of the provisions and requirements of this title governing dwelling units for the zone in which the establishment is located, but never less than the requirements of the heaviest multiple-dwelling zone. [Ord. 175 § 1(24.04.415), 1964.]

18.04.417 Native vegetation.

“Native vegetation” means plant species which are indigenous to the area in question. [Ord. 853 § 3(t), 1990.]

18.04.420 Nonconforming building.

“Nonconforming building” means a building, or portion thereof, which was lawfully erected or altered and maintained but which, because of the application of this title to it, no longer conforms to the regulations of the zone in which it is located as defined by this title. [Ord. 175 § 1(24.04.420), 1964.]

18.04.425 Nonconforming use.

“Nonconforming use” means a use which was lawfully established and maintained but which, because of the application of this title to it, no longer conforms to the use regulations of the zone in which it is located as defined by this title. [Ord. 175 § 1(24.04.425), 1964.]

18.04.425.5 North American Industrial Classification System.

“North American Industrial Classification System” means the 1997 Edition of the book North American Industrial Classification System as published by the United States Office of Management and Budget. A copy of this book is maintained on file in the office of the city clerk and in the office of the community development director and is available for public inspection. [Ord. 1267 § 14, 2000.]

18.04.426 Nursery school.

“Nursery school” means an agency, group, or individual which is engaged primarily in educational work with preschool children and in which no child is enrolled on a regular basis for more than four hours per day. [Ord. 793 § 3, 1989.]

18.04.426.1 Nursing home.

“Nursing home” means facilities for patients who are recovering from an illness, or receiving care for chronic conditions, mental or physical disabilities, terminal illness, alcohol or drug inpatient treatment. Care may include inpatient administration of medicine, preparation of special diets, bedside nursing care, and treatment by a physician or psychiatrist. [Ord. 887 § 3, 1991.]

18.04.427 Off-site hazardous waste facility.

“Off-site hazardous waste facility” means any facility which provides storage for hazardous waste or processes hazardous waste by physical, chemical, or biological means on property other than the property where the hazardous waste is produced for the purposes of making such waste nonhazardous waste or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. [Ord. 757 § 1(part), 1988.]

18.04.428 One hundred percent sight-obscuring.

“One hundred percent sight-obscuring” means that the required fence, wall, or landscaping is capable of screening the trash container in order that the trash container cannot be seen by the average person standing at grade on adjacent property or a public right-of-way. [Ord. 727 § 5, 1988.]

18.04.429 On-site hazardous waste facility.

“On-site hazardous waste facility” means any facility which provides storage for hazardous waste or processes hazardous waste by physical, chemical, or biological means on the same property where the hazardous waste is produced for the purposes of making such waste nonhazardous waste or less hazardous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. [Ord. 757 § 1(part), 1988.]

18.04.430 Open space, required.

“Required open space” means a portion of the area of a lot or building site, other than required yards, which area is required by this title, as set forth in the different zones contained in this title, to be maintained between buildings, between wings of a building, and between buildings and any portion of a property boundary line not contiguous to a required front or side yard. Such open spaces, as in the case of required yards, are required to be free and clear of buildings and structures and to remain open and unobstructed from the ground to the sky. [Ord. 1237 § 3, 1999; Ord. 175 § 1(24.04.430), 1964.]

18.04.432 Ordinary high water mark.

“Ordinary high water mark” means the mark that will be found by examining the bed and banks of a stream or shoreline and ascertaining where the presence and action of waters are so common and usual, and so long maintained in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to topography and vegetation. [Ord. 925 § 11, 1992: Ord. 853 § 3(u), 1990.]

18.04.435 Outdoor advertising display.

“Outdoor advertising display” means any card, paper, cloth, metal, glass, wooden, or other display or device of any kind or character whatsoever placed or painted for outdoor advertising purposes on the ground or on any tree, wall, fence, rock, structure, or thing whatsoever. [Ord. 175 § 1(24.04.435), 1964.]

18.04.440 Outdoor advertising structure.

“Outdoor advertising structure” means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display is, or can be placed. [Ord. 175 § 1(24.04.440), 1964.]

18.04.445 Parking area, private.

“Private parking area” means an open area, other than a street, alley, or other public property, limited to the parking of automobiles of occupants or employees of a dwelling, hotel, motel, apartment hotel, apartment house, boarding house, or lodging house to which these facilities are appurtenant. [Ord. 175 § 1(24.04.445), 1964.]

18.04.450 Parking area, public.

“Public parking area” means an open area other than a street, alley, or private parking area as defined in this title, whether privately or publicly owned, which area is used for the parking of more than four automobiles. [Ord. 175 § 1(24.04.450), 1964.]

18.04.452 Parking lot, commercial.

“Commercial parking lot” means a building site, exclusive of public rights-of-way, or building dedicated to the parking of more than 10 passenger vehicles, serving patrons, occupants, and/or employees of a permitted use(s) not located on the site of the parking facility. [Ord. 697 § 12(A), 1987: Ord. 696 § 2(A), 1987.]

18.04.455 Parking space.

“Parking space” means an area accessible to vehicles, which area is provided, improved, maintained, and used for the sole purpose of accommodating a motor vehicle. [Ord. 175 § 1(24.04.455), 1964.]