Chapter 17.20 CONSTRUCTION OF LANGUAGE

(2) In case of any difference of meaning or implication between the text of this code and any caption, illustration, summary table, or illustrative table, the text shall control.

(3) The word “shall” is always mandatory and not discretionary. The word “should” is permissive and is discretionary.

(4) Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(5) A “building” or “structure” includes any part thereof.

(6) The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” or “occupied for.”

(7) The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(8) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction “and,” “or,” or “either/or,” the conjunction shall be interpreted as follows:

(a) “And” indicates that all the connected items, conditions, provisions, or events shall apply.

(b) “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(c) “Either/or” indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

(9) The word “includes” shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. 929 Ch. 4, 1995).

17.20.010 Generally.

For purposes of this code, the following terms or words shall be used in interpretation of purpose and intent. (Ord. 929 Ch. 5, 1995).

17.20.015 Abandonment.

“Abandonment” means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. (Ord. 929 Ch. 5, 1995).

17.20.020 Abutting.

“Abutting” means having a common border with, or being separated from, such common border by an alley or easement. (Ord. 929 Ch. 5, 1995).

17.20.025 Access.

“Access” means a way of vehicular ingress and egress to a lot or parcel. For the purpose of this code, a lot shall abut by no less than 20 feet upon and have direct access to: (1) an opened, constructed and maintained public road; or (2) a private road in plat or short plat approved by the city of Stanwood; or (3) an exclusive, unshared, unobstructed permanent access easement at least 20 feet wide. (Ord. 929 Ch. 5, 1995).

17.20.030 Access panhandle.

“Access panhandle” means a strip of land designed to provide access to the lot, tract or parcel being less in width than the minimum lot width allowed under the applicable zoning district. (Ord. 929 Ch. 5, 1995).

17.20.035 Access road.

“Access road” means a private or public road or street that provides direct access from abutting properties to a city collector road, as defined by the city’s Comprehensive Plan. (Ord. 929 Ch. 5, 1995).

17.20.040 Accessory building.

“Accessory building” means a subordinate building, or portion of the main building, the use of which is incidental to that of the main building on the same lot. Where an accessory building is attached to and made a part of the main building for at least 50 percent of the length of one of the abutting walls of such accessory buildings, or where the total length of the abutting walls of the accessory building is equal to 50 percent of the longest wall of the accessory building, then the accessory building shall be considered an integral part of the main building. An accessory building, unless attached to and made a part of the main building, shall be not closer than five feet to the main building. (Ord. 929 Ch. 5, 1995).

17.20.045 Accessory structure.

“Accessory structure” means a detached, subordinate structure located on the same lot, the use of which is clearly incidental to that of the main building or to the principal use of the land. (Ord. 929 Ch. 5, 1995).

17.20.050 Accessory use.

“Accessory use” means a use customarily incidental and secondary to the principal use of a lot or a building or other structure located upon the same lot. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.055 Acre, gross.

“Gross acre” means a tract of land consisting of 43,560 square feet. (Ord. 929 Ch. 5, 1995).

17.20.056 Acre, net.

“Net acre” means the area that is left over for development once common areas, including but not limited to public or private rights-of-way, stormwater tracts, sensitive areas and their buffers, and open space, are removed from a parcel of land proposed for development. (Ord. 1133 § 2, 2003).

17.20.060 Action.

“Action” means a vote by a quorum of the planning commission or city council upon a motion, proposal, resolution or order, and resulting in a collective decision by a majority of those voting members present. “Action” also means a decision by the planning director or hearing examiner when exercising his or her authority under this code. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

17.20.065 Addition (to an existing building).

“Addition (to an existing building)” means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls is considered to be new construction. (Ord. 929 Ch. 5, 1995).

17.20.070 Adjacent.

“Adjacent” means that which lies near or close to, not widely separated nor necessarily touching. (Ord. 929 Ch. 5, 1995).

17.20.075 Adjacent property owner.

“Adjacent property owner” means any property owner of record, according to the records of the county assessor, whose property adjoins or abuts property proposed for a land use action or any portion thereof, or whose property is within 300 feet of the property proposed for a land use action. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.080 Adjoining.

“Adjoining” means that which is joined or united, and actually touching. (Ord. 929 Ch. 5, 1995).

17.20.085 Adult bookstore.

“Adult bookstore” means an establishment having, as a substantial or significant portion of its stock-in-trade (at least 20 percent of its inventory), books, magazines, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical areas. An adult bookstore shall, for the purposes of this code, be deemed to be an adult entertainment facility. (Ord. 929 Ch. 5, 1995).

17.20.090 Adult entertainment facility.

“Adult entertainment facility” means any business which, as a substantial portion (at least 20 percent) of its operations, offers for sale or viewing for any consideration any photographic or film depictions or devices or paraphernalia that depict or are characterized by an emphasis on the depiction, description, or engagement in specified sexual activities or anatomical areas including male or female sexual organs, buttocks, or female’s breasts. (For the purposes of this definition, the term “paraphernalia” shall not be deemed to include condoms or other birth control measures.) (Ord. 929 Ch. 5, 1995).

17.20.095 Aesthetics.

“Aesthetics” means a characteristic of development relating to its physical beauty. (Ord. 929 Ch. 5, 1995).

17.20.100 Affordable housing.

“Affordable housing” means any rental or owned dwelling unit which has a monthly payment that is 30 percent or less of the monthly salary of a moderate, low, and/or very low income family. A moderate income family earns 125 percent or less of the area median income established for Stanwood; a low income family earns 80 percent or less; and a very low income family earns 50 percent or less. (Ord. 1251 § 1, 2009; Ord. 929 Ch. 5, 1995).

17.20.105 Aggrieved person.

“Aggrieved person” means any person, including the applicant, who, in connection with a decision or action of the planning director or the planning commission, hearing examiner, and/or city council on an application for a development permit, takes issue with the decision rendered. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

17.20.110 Agriculture.

“Agriculture” means the tilling of soil, the raising of crops, horticulture, viticulture, small livestock farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses customarily incidental thereto, except small animal husbandry. (Ord. 929 Ch. 5, 1995).

17.20.115 Airport.

“Airport” means any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft. (Ord. 929 Ch. 5, 1995).

17.20.120 Alley.

“Alley” means any public thoroughfare having a width of not less than 10 nor more than 20 feet for the use of pedestrians and/or vehicles which affords only a secondary means of access to abutting property. (Ord. 929 Ch. 5, 1995).

17.20.125 Alterations.

“Alterations” means any change, addition, or modification of type of occupancy; any change in the structural members of a building such as walls, partitions, columns, beams, girders; or any change which may be referred to herein as “altered” or “reconstructed.” (Ord. 929 Ch. 5, 1995).

17.20.130 Ambient.

“Ambient” refers to the surrounding environment, and is an adjective that is generally attached to the term “air quality.” Ambient air quality refers to the condition of the atmosphere within the environs of a particular use or geographic area. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.135 Amusement park or center.

“Amusement park or center” means a group of amusement devices for children and/or adults and their accessory uses. Such a park or center may include miniature golf areas, bumper cars, batting cages, arcades, bumper boats, go-carts, and such similar activities. (Ord. 929 Ch. 5, 1995).

17.20.137 Anadromous fish.

“Anadromous fish” means fish that spawn and rear in freshwater and mature in the marine environment. While Pacific salmon die after their first spawning, adult char (bull trout) can live for many years, moving in and out of saltwater and spawning each year. The life history of Pacific salmon and char contains critical periods of time when these fish are more susceptible to environmental and physical damage than at other times. The life history of salmon, for example, contains the following stages: upstream migration of adults, spawning, inter-gravel incubation, rearing, smoltification (the time period needed for juveniles to adjust their body functions to live in the marine environment), downstream migration, and ocean rearing to adults. (Ord. 1164 § 4, 2004).

17.20.140 Apartment house.

“Apartment house” means a building or portion of a building arranged or designed to be occupied by three or more families living independently of each other. (Ord. 929 Ch. 5, 1995).

17.20.145 Apartment hotel.

“Apartment hotel” means an apartment house that furnishes services for the use of its tenants which are ordinarily furnished by hotels, but the privileges of which are not primarily available to the general public. (Ord. 929 Ch. 5, 1995).

17.20.150 Appeal.

“Appeal” means a request for a review of a decision or interpretation of any provision of this code made by an officer, board, or department of the city. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.155 Applicant.

“Applicant” means any person or his or her authorized agent or representative who has applied for a permit and who has a valid, existing legal interest in the property proposed to be developed. (Ord. 929 Ch. 5, 1995).

17.20.160 Appropriate.

“Appropriate” means anything that is compatible with a facility’s natural, cultural, or recreational resources, recognizing the purpose of the established area. (Ord. 929 Ch. 5, 1995).

17.20.165 Aquaculture.

“Aquaculture” means the regulation and cultivation of water plants and animals for human use or consumption. Aquaculture may include hatcheries, marine crop production and other similar uses that occur in either fresh or salt water. (Ord. 929 Ch. 5, 1995).

17.20.170 Aquifer.

“Aquifer” means a groundwater bearing geologic formation or formations that contain sufficient amounts of saturated material to yield water. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.175 Aquifer recharge area.

“Aquifer recharge area” means a body of permeable materials that collects precipitation or surface water and transmits it to the aquifer. (Ord. 929 Ch. 5, 1995).

17.20.180 Arcade.

“Arcade” means:

(1) Game/video: any establishment, room, place, or business location in which there are available to the public more than three coin- or token-operated amusement devices or where a fee is charged for the operation of such devices;

(2) Structural: a permanently roofed, covered continuous area or passageway at ground level, open to a street, plaza, open space, or building, that is accessible and open to the public. (Ord. 929 Ch. 5, 1995).

17.20.185 Area of shallow flooding.

“Area of shallow flooding” means a designated “AO” (where average depths of inundation are shown) or “AH” (where base flood elevations are shown) zone on the city’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. (Ord. 929 Ch. 5, 1995).

17.20.190 Area of special flood hazard.

“Area of special flood hazard” means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. (Ord. 929 Ch. 5, 1995).

17.20.195 As-graded.

“As-graded” means the extent of surface conditions on completion of grading. (Ord. 929 Ch. 5, 1995).

17.20.200 Assessment.

“Assessment” means an estimation or determination of the significance, importance, or value of land, buildings, or a proposed development activity. (Ord. 929 Ch. 5, 1995).

17.20.205 Auditor.

“Auditor” means the Snohomish County auditor. (Ord. 929 Ch. 5, 1995).

17.20.210 Automobile laundry.

Repealed by Ord. 1110. (Ord. 929 Ch. 5, 1995).

17.20.215 Automobile parking area, public.

“Public automobile parking area” means an open area, other than a street or private automobile parking area, designed to be used for the parking of two or more automobiles. (Ord. 929 Ch. 5, 1995).

17.20.220 Automobile parking area, private.

“Private automobile parking area” means an open area, located on the same lot with a dwelling or hotel, for parking automobiles of the occupants of such buildings. (Ord. 929 Ch. 5, 1995).

17.20.225 Automobile service station.

“Automobile service station” means a building or structure designed or used for the retail sale or supply of fuels (stored only as prescribed by existing legal regulations), lubricants, air, water, and other operating commodities for motor vehicles or boats. The cross-section areas of service station canopy supports where they meet the ground shall be measured as coverage for the purposes of determining maximum lot coverage, and also shall be used for measurement of setback requirements. Automobile service stations may include the following: customary space and facilities for the installation of such commodities on or in such vehicles; space for facilities for the storage, minor repair, or servicing of such vehicles, and space for car washing. (Ord. 929 Ch. 5, 1995).

17.20.230 Automotive repair establishment.

“Automotive repair establishment” means:

(1) Minor repair: a retail sales and service establishment that shall include only those repairs able to be effected within one working day, such as brake repair, engine tune-ups, oil changes, lubrications, front end alignments, and the like. No outdoor sales, repair, or service work shall be allowed. Repair services of a major nature, including but not limited to engine or transmission overhauls or body work, shall not be included within this definition. Outdoor storage or display of vehicles, parts, equipment, or tires shall not be included within this definition. The service or repair of trucks or other similar vehicles that exceed a one-ton rated capacity shall be prohibited. No body damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted.

(2) Major repair: a retail sales and service establishment that provides for the painting, repainting, or retouching and/or major mechanical repairs and adjustments of motor vehicles such as engine overhauls, transmission overhauls, and the like which usually require more than one working day for service. No outdoor sales, repair or service work shall be allowed. No body-damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted.

(3) Paint or body shop: a building or other structure used for painting, repainting, or retouching and/or major nonmechanical repairs and adjustments of motor vehicles. (Ord. 929 Ch. 5, 1995).

17.20.235 Automobile sales and service establishments, new or used.

“New or used automobile sales and service establishments” means an establishment that provides for the sale of motorized vehicles as its primary use, and allows for minor or major repairs, or paint and body work. No body-damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted. (Ord. 929 Ch. 5, 1995).

17.20.240 Automobile wrecking yard.

“Automobile wrecking yard” means any premises devoted to dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. No body-damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted. (Ord. 929 Ch. 5, 1995).

17.20.245 Awning.

“Awning” means any movable roof-like structure cantilevered, or otherwise entirely supported from a building, so constructed and erected as to permit its being readily and easily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable. (Ord. 929 Ch. 5, 1995).

17.20.250 Background water quality.

“Background water quality” means the concentrations of chemical, physical, biological, or radiological constituents, or other characteristics in or of groundwater at a particular point in time and upgradient of an activity that have not been affected by that activity. (Ord. 929 Ch. 5, 1995).

17.20.255 Bakery.

“Bakery” means an establishment where the majority of retail sale is of products such as breads, cakes, pies, pastries, etc., that are baked or produced and sold on the premises. (Ord. 929 Ch. 5, 1995).

17.20.260 Bar and/or cocktail lounge.

“Bar and/or cocktail lounge” means any premises wherein primarily alcoholic beverages are sold at retail for consumption on the premises. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.265 Base flood elevation.

“Base flood elevation” means the height above mean sea level expected to be reached by the 100-year flood, as officially determined by the U.S. Army Corps of Engineers. (Ord. 929 Ch. 5, 1995).

17.20.270 Base flood.

“Base flood” means the flood having a one-percent chance of being equaled or exceeded in any given year. (Ord. 929 Ch. 5, 1995).

17.20.275 Basement.

(1) For the purposes of Chapter 17.120 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, “basement” means any area of the building having its floor subgrade (below ground level) on all sides.

(2) Except for purposes of Chapter 17.120 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, “basement” means a story partly or completely underground. A basement shall be considered as a story for building height measurement where more than one-half of its height is above the average level of the adjoining ground. (Ord. 1250 § 1, 2009; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.280 Basin plan.

“Basin plan” means a plan and all implementing regulations and procedures, including but not limited to land use management adopted by ordinance for managing surface and stormwater management facilities and features within individual sub-basins. (Ord. 929 Ch. 5, 1995).

17.20.285 Bed and breakfast house or inn.

“Bed and breakfast house or inn” means a building other than a hotel or nursing home where meals and short-term lodging of more than two rooms are provided for compensation to guests and other transient persons. (Ord. 929 Ch. 5, 1995).

17.20.290 Bed and breakfast residence.

“Bed and breakfast residence” means a building other than a hotel or nursing home where meals and short-term lodging of two rooms or less are provided for compensation to guests and other transient persons. (Ord. 929 Ch. 5, 1995).

17.20.295 Bedrock.

“Bedrock” means the more or less solid rock in place either on or beneath the surface of the earth. It may be soft, medium, or hard and have a smooth or irregular surface. (Ord. 929 Ch. 5, 1995).

17.20.300 Bedroom.

“Bedroom” means a room other than a kitchen, dining room, living room, bathroom, or closet, that is marketed, designed, or otherwise likely to function primarily for sleeping. (Ord. 929 Ch. 5, 1995).

17.20.305 Bench.

“Bench” means, for the purposes of construction, a relatively level step excavated into earth material on which fill may or may not be placed. (Ord. 929 Ch. 5, 1995).

17.20.308 Best available science.

“Best available science” means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of best available science are included in “Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas,” published by the State Office of Community, Trade and Economic Development. (Ord. 1164 § 4, 2004).

17.20.310 Best management practice (BMP).

“Best management practice (BMP)” means conservation practices or systems of practices and management measures that:

(1) Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;

(2) Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;

(3) Protect trees and vegetation designated to be retained during and following site construction; and

(4) Provide standards for proper use of chemical herbicides within critical areas. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.315 Billboard.

“Billboard” means a surface whereon advertising matter is set in view conspicuously and which advertising does not apply to the premises or any use of the premises wherein it is displayed or posted. (Ord. 929 Ch. 5, 1995).

17.20.320 Binding site plan.

“Binding site plan” means a drawing to scale which:

(1) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by the city of Stanwood;

(2) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of land as established by the city;

(3) Contains provisions for making any development be in conformity with the site plan; and

(4) Contains provisions in which an applicant can offer for sale, lease, or transfer of ownership of lots, parcels or tracts. (Ord. 929 Ch. 5, 1995).

17.20.325 Blight.

“Blight” means that concentration of forces which puts a building or neighborhood on its way to becoming a slum. A “blighted” area is one that has deteriorated or has been arrested in its development by physical, economic, or social forces. (Ord. 929 Ch. 5, 1995).

17.20.330 Block.

“Block” means the property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street and nonsubdivided acreage, watercourse, or body of water; or between any of the foregoing and any other barrier to the continuity of development. (Ord. 929 Ch. 5, 1995).

17.20.335 Board.

Repealed by Ord. 1084. (Ord. 929 Ch. 5, 1995).

17.20.340 Boarding house.

“Boarding house” means a building other than a motel, where lodging and meals are provided for more than five persons for compensation on a long-term basis. (Ord. 929 Ch. 5, 1995).

17.20.345 Bog/fen.

“Bog/fen” means a wetland which accumulates organic soils, has little or no inflow and is characterized by acidophilic (acid loving/producing) vegetation such as sphagnum moss, Labrador tea and bog laurel. (Ord. 929 Ch. 5, 1995).

17.20.350 Bollard.

“Bollard” means a post permanently affixed into the ground or pavement, at least two feet and no more than four feet in height after installation, whose purpose is to segregate automotive traffic from certain areas. (Ord. 929 Ch. 5, 1995).

17.20.355 Bond or performance security.

“Bond or performance security” means a surety bond, assignment of funds, escrow agreement, irrevocable letter of credit, or other financial security device acceptable to the director, which is required to assure that work is completed in accordance with all applicable requirements of this chapter. (Ord. 929 Ch. 5, 1995).

17.20.360 Boundary line adjustment.

“Boundary line adjustment” means the adjustment of boundary lines that does not create any additional lot, tract, parcel, site or division, nor creates any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. (Ord. 929 Ch. 5, 1995).18

17.20.365 Buffer.

“Buffer” means an area adjacent to a critical area consisting of naturally occurring or re-established vegetation and having a width adequate to protect the critical area. (Ord. 929 Ch. 5, 1995).

17.20.370 Buffer area.

“Buffer area” means a landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another, or intended to reduce the impact of noise levels generated on one property from the surrounding properties and intended to enhance the level of safety and promote the aesthetic qualities of the area. This term should not be confused with “buffer” as it is used in application to critical areas. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.375 Buildable area.

“Buildable area” means the space remaining after the minimum open space and yard setback requirements of this chapter have been complied with. (Ord. 929 Ch. 5, 1995).

17.20.380 Buildable lot.

“Buildable lot” means a lot that meets all of the requirements of area, width, depth, etc., contained in this code and any other ordinances of the city for any specific type of development. (Ord. 929 Ch. 5, 1995).

17.20.385 Building.

“Building” means any structure having a roof supported by columns or walls for housing or shelter of persons or animals, or property of any kind. When separated by dividing walls without openings each portion of such building separated shall be deemed a separate building. (Ord. 929 Ch. 5, 1995).

17.20.390 Building, completely enclosed.

“Completely enclosed building” means a building designed and constructed with all exterior walls of the structure solid from the ground to the roof line, and containing no openings except for windows and doors that are designed to be closed. (Ord. 929 Ch. 5, 1995).

17.20.392 Building coverage.

“Building coverage” means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, but not to include at-grade off-street parking lots, terraces, swimming pools, pool deck areas, or walkways, roadways, or driveways. (Ord. 1110 § 3, 2002).

17.20.395 Building front.

“Building front” means that exterior wall of a building which faces a front lot line of the lot. (Ord. 929 Ch. 5, 1995).

17.20.400 Building line.

“Building line” means a line specifying a minimum horizontal distance from the property line and parallel thereto, beyond which no part of the structure may extend. (Ord. 929 Ch. 5, 1995).

17.20.405 Building, nonconforming.

“Nonconforming building” means a legally existing building that fails to comply with this code (for height, number of stories, size, area, yards, location, or use) applicable to the district in which the building is located. (Ord. 929 Ch. 5, 1995).

17.20.410 Building permit.

“Building permit” means the document or certificate issued by the city of Stanwood that verifies adherence to all applicable building and development regulations and gives permission to the applicant to proceed with the actions for which the permit was requested. (Ord. 929 Ch. 5, 1995).

17.20.415 Building, principal or main.

“Principal or main building” means a building in which is conducted the primary use of the lot on which it is situated. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.420 Building site or area.

“Building site or area” means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same. (Ord. 929 Ch. 5, 1995).

17.20.425 Building support structure.

“Building support structure” means any structure that supports floor, wall, or column loads and transmits them to the foundation. The term shall include beams, grade beams, or joists and includes the lowest horizontal structural member exclusive of piles, columns, or footings. (Ord. 929 Ch. 5, 1995).

17.20.430 Bulk.

“Bulk” means the term used to describe the size of buildings or other structures, and their relationship to each other and to open areas and lot lines. (Ord. 929 Ch. 5, 1995).

17.20.435 Bulk requirements.

“Bulk requirements” means those regulations that include maximum height of a building, minimum lot area, minimum front, side and rear yards and maximum lot coverage. (Ord. 929 Ch. 5, 1995).

17.20.440 Bulkhead.

“Bulkhead” means a structure of timber, concrete, steel, rock or similar substance erected for erosion control purposes. (Ord. 929 Ch. 5, 1995).

17.20.445 Business service.

“Business service” means an establishment primarily engaged in rendering services to other business establishments on a fee or contract basis, not involving the sale of any goods or commodities available on the premises, and not dispensing a personal service. Business service establishments may include, but are not necessarily limited to, activities such as real estate, insurance, accounting or bookkeeping, financial institutions, management or consulting firms, or other similar uses. (Ord. 929 Ch. 5, 1995).

17.20.450 Business zone.

“Business zone” means a land use zone which allows commercial or mercantile activity engaged in as a means of livelihood. (Ord. 929 Ch. 5, 1995).

17.20.455 Bus and mass transit storage and maintenance facility.

“Bus and mass transit storage and maintenance facility” means any building and adjacent outdoor space required for the servicing, washing, and the overnight parking of buses or other mass transit vehicles that are used for transporting the general public, tourists, school children, the elderly, and/or handicapped or construction workers. (Ord. 929 Ch. 5, 1995).

17.20.460 Cabana.

Repealed by Ord. 1110. (Ord. 929 Ch. 5, 1995).

17.20.465 Canopy.

“Canopy” means a roof-like structure made of any material that projects from the wall of a building and overhangs a sidewalk. (Ord. 929 Ch. 5, 1995).

17.20.470 Capital improvement.

“Capital improvement” means any substantial physical facility built by expending public monies. The construction of schools, highways, public sewer and water systems, landscaping a park, or the purchase of and for a public building or use are all examples of capital improvements. (Ord. 929 Ch. 5, 1995).

17.20.475 Capital improvement program.

“Capital improvement program” means a government schedule of permanent improvements budgeting to match the government’s financial resources. The capital improvement program is usually projected six years in advance and updated annually. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.480 Carnival.

“Carnival” means a temporary commercial entertainment with rides, games, etc., for the general public. (Ord. 929 Ch. 5, 1995).

17.20.485 Caretaker’s house.

“Caretaker’s house” means an accessory building for the sole use of a person or persons employed on the premises. (Ord. 929 Ch. 5, 1995).

17.20.490 Carrying capacity.

“Carrying capacity” means the maximum number of units that can be accommodated by a facility without reducing the efficiency of that facility. Carrying capacity is used to measure the ability of a facility to accommodate more units. For example, the carrying capacity of a roadway is the maximum number of vehicles that can pass over a given section of a lane in one direction during a given time period. For recreation areas, the carrying capacity is the number of persons that can utilize the elements (play equipment, basketball courts, benches, etc.) at any given point in time. (Ord. 929 Ch. 5, 1995).

17.20.495 Car wash.

“Car wash” means a building, or portion thereof, containing facilities for washing automobiles utilizing mechanical devices. (Ord. 929 Ch. 5, 1995).

17.20.500 Carport.

“Carport” means a structure to house or protect motor vehicles owned or operated by the occupants of the main building which is open to the weather for at least 40 percent of the total area of its sides. (Ord. 929 Ch. 5, 1995).

17.20.505 Cemetery.

“Cemetery” means a place for the burial or interment of dead persons or household pets. (Ord. 929 Ch. 5, 1995).

17.20.510 Census.

“Census” means the official count of the population, and its age, gender, and social and economic characteristics, conducted on a decennial basis by the Bureau of the Census of the U.S. Department of Commerce. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.515 Certificate of occupancy (occupancy permit).

“Certificate of occupancy (occupancy permit)” means the official certification that a premises conforms to the provisions of this code (and the building code) and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued for new construction, a structure cannot be occupied. (Ord. 929 Ch. 5, 1995).

17.20.520 Channel, drainage.

“Drainage channel” means a large natural or constructed waterway, ordinarily lined to speed, control, and conduct the flow of stormwater runoff. (Ord. 929 Ch. 5, 1995).

17.20.525 Chattels.

“Chattels” means moveable articles of personal property, such as household goods or removable fixtures. (Ord. 929 Ch. 5, 1995).

17.20.530 City.

“City” means the city of Stanwood. (Ord. 929 Ch. 5, 1995).

17.20.535 City standards.

“City standards” means the design and construction standards and specifications as provided in SMC Title 14. (Ord. 929 Ch. 5, 1995).

17.20.537 Civic uses.

“Civic uses” means public-oriented uses, such as but not limited to schools, police stations, houses of worship, libraries, fire stations, museums, community centers, or community government offices. (Ord. 1251 § 2, 2009).

17.20.540 Clearing.

“Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods. (Ord. 929 Ch. 5, 1995).

17.20.545 Clinic.

“Clinic” means a building designed and used for medical, dental, psychiatric, or chiropractic services for the treatment of outpatients only. (Ord. 929 Ch. 5, 1995).

17.20.548 Closed record appeal.

“Closed record appeal” means an appeal of a decision or action that is based solely on the existing record, and for which no public hearing is held and no new public testimony is accepted. (Ord. 1084 § 3, 2000).

17.20.550 Club.

“Club” means buildings or facilities owned or operated by a corporation, association, person or persons for a social, educational, fraternal, civic, religious, or recreational purpose, but not primarily for profit or to render a service that is customarily carried on as a business. (Ord. 929 Ch. 5, 1995).

17.20.555 Clubhouse.

“Clubhouse” means a building used to house a social organization or club, including those associated with golf courses. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.560 Cluster development.

“Cluster development” means a division of land into lots for use as single-family detached building sites, where said lots are arranged into groups having area and yard measurements less than that required as stated in the tables of dimensional and density requirements for various zoning districts. (Ord. 929 Ch. 5, 1995).

17.20.565 Collector road.

“Collector road” means a road that provides for traffic movement between arterial roads and local (residential) streets, and direct access to abutting properties. (Ord. 929 Ch. 5, 1995).

17.20.570 Commercial kennel.

Repealed by Ord. 1110. (Ord. 929 Ch. 5, 1995).

17.20.575 Commercial use.

“Commercial use” means the use of any structure or property for a purpose directly related to the sale of goods or the furnishing of services of any kind. (Ord. 929 Ch. 5, 1995).

17.20.580 Commercial vehicle home basing.

“Commercial vehicle home basing” means the parking and maintenance of two or more vehicles in operable condition on property wherein resides a person who uses them in his or her business. (Ord. 929 Ch. 5, 1995).

17.20.585 Commercial zone.

“Commercial zone” means a land use zone which allows commercial or mercantile activities as defined in this code. (Ord. 929 Ch. 5, 1995).

17.20.590 Commission.

“Commission” means the planning commission of the city of Stanwood. (Ord. 929 Ch. 5, 1995).

17.20.595 Common area.

“Common area” means the total area not designed for rental or sale to tenants and that is available for common use by all tenants or groups of tenants and their guests, including such areas as parking lots and their appurtenances, lobbies, malls, sidewalks, landscaped areas, public rest rooms, truck and service facilities, etc. (Ord. 929 Ch. 5, 1995).

17.20.600 Community center.

“Community center” means a building or buildings and related grounds used for social, civic, or recreational purposes and owned and operated by a private nonprofit institution or organization servicing the community in which it is located and open to the general public on an equal basis and where no activities are carried on for gain. (Ord. 929 Ch. 5, 1995).

17.20.605 Compatible use.

“Compatible use” means a use that is capable of existing in harmony with other uses situated in its immediate vicinity. (Ord. 929 Ch. 5, 1995).

17.20.610 Completeness (of a permit application).

“Completeness (of a permit application)” means the information, reports, and documents submitted by the applicant that address or discuss each of the areas required by the applicant form and/or as a result of the pre-application meeting. Completeness does not mean that the information, reports, and documents submitted are sufficient or adequate to assess the impact of the proposed development on the environment, but simply that the requested information, reports, and documents have been submitted. (Ord. 929 Ch. 5, 1995).

17.20.615 Comprehensive Plan.

“Comprehensive Plan” means the goals, objectives and policies, documents and maps adopted by motion by the council to guide the physical development of the city to coordinate city programs, services and controls, and to promote the general welfare. (Ord. 929 Ch. 5, 1995).

17.20.620 Concept plan.

“Concept plan” means a preliminary plan for the development of property indicating: contour lines; any significant existing natural features, such as rock outcroppings and stands of trees; proposed building layouts with approximate square footage of floor area; proposed off-street parking areas and, if required, off-street loading areas; and the proposed internal (within the lot) circulation system. (Ord. 929 Ch. 5, 1995).

17.20.625 Concession stand, agricultural or produce.

“Agricultural or produce concession stand” means an open air structure, not to exceed 20 feet by 30 feet in its dimensions, and at which fresh eggs, fruits, vegetables, and/or other agricultural products may be sold from local farms to the public. (Ord. 929 Ch. 5, 1995).

17.20.626 Concession stand, event.

“Event concession stand” means an open air structure, not to exceed 20 feet by 30 feet in its dimensions, at which food and other concessions are sold at sporting, school or community events. (Ord. 1110 § 3, 2002).

17.20.630 Conditional use.

“Conditional use” means a use listed among those classified in a given zone, but permitted only after a public hearing by the hearing examiner and granting of a conditional use permit imposing such conditions as will make the use compatible with other permitted uses in the same district. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

17.20.635 Condominium.

“Condominium” means a form of ownership of property where the purchaser normally acquires title to a part of a building and/or a portion of land, and an undivided interest in the common areas and facilities, as distinguished from a cooperative, where the purchaser usually acquires stock that represents his interest in the property. Where the building so acquired consists of bedrooms with individual baths or combined bedrooms and living rooms with individual baths and/or has sepa-

rate entrances for each unit, each unit shall be considered a separate dwelling unit or a sepa-rate hotel room for the purposes of this code. (Ord. 929 Ch. 5, 1995).

17.20.640 Confectionery.

“Confectionery” means an establishment engaged solely in the preparation and production of candy products for direct retail sale to the consumer on the premises. (Ord. 929 Ch. 5, 1995).

17.20.650 Conflict of interest.

“Conflict of interest” means any conflict between an individual’s private interests, as defined in SMC 17.80.010(3), and his or her actions as a government employee or appointed or elected government official. (Ord. 929 Ch. 5, 1995).

17.20.652 Congregate care facility.

“Congregate care facility” means a residential facility for the elderly and/or handicapped persons. The minimum age limit shall be 55 years of age for residents, with younger spouses permitted. There shall be no age limit for the handicapped. The facility must have a central lobby, common dining area, hobby and/or recreational rooms. The fee structure shall include at least one meal per day in the common dining area. Accessory support uses for the tenants, such as pharmacies, banking and other internal services, may be included. (Ord. 984, 1997).

17.20.655 Construct.

“Construct” means to build, erect, attach, hang, place, suspend, or affix, and shall also include the painting of signs. (Ord. 929 Ch. 5, 1995).

17.20.660 Construction.

“Construction” means the building of, or substantial improvement to, any structure or the clearing, filling, or excavation of any land. It shall also mean any alterations in the size or use of any existing structure or the appearance of any land. When appropriate to the context, “construction” refers to the act of construction or the result of construction. (Ord. 929 Ch. 5, 1995).

17.20.665 Contaminant.

“Contaminant” means a substance which, when distributed in the soil, air, or water, renders the resource impure. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.670 Contiguous.

Lands are “contiguous” if they actually adjoin each other and share a common boundary. (Ord. 929 Ch. 5, 1995).

17.20.675 Contract zoning or rezoning.

“Contract zoning or rezoning” means an agreement between the property owner and the city that said property owner, as a condition for rezoning, will record certain deed restrictions on the property in question. These restrictions are in addition to those imposed by the requirements for the zoning district in which the property is located. They may involve further restrictions on use, height, bulk, years, signs, or any other aspect of land development. (Ord. 929 Ch. 5, 1995).

17.20.680 Convenience store.

“Convenience store” means a retail establishment that is usually open for extended daily hours of business (12 to 24 hours), normally located as a single entity or in a strip building configuration along major roadways, is typically a self-service facility not dependent upon comparison shopping, and by its manner of display and merchandising usually sells a limited selection of items and brands of prepackaged or prepared foods, ready-to-eat foods, snacks, gum, candy, beverages, dairy products, or sundries, all of which are frequently purchased for immediate use. It may be developed with facilities for the dispensing and sales of vehicular fuels, but with no sale or installation of tires, batteries or similar accessories. If such establishment is combined with said fuel sales and dispensing, it shall be regulated as an automobile service station and there shall be limitations and controls placed upon the nature, size, delivery, storage, location and type of said fuel sales or dispensing facilities to provide maximum possible protection to adjacent properties, and it must meet the specific requirements of an automobile service station. Additionally, any retail establishment that falls within this definition, but sells a substantial portion of its merchandise (more than 20 percent of its sales) described in the definition of an “adult entertainment facility” shall not be deemed to be a convenience store. (Ord. 929 Ch. 5, 1995).

17.20.685 Conversion.

“Conversion” means a change of use or purpose to which a structure, building, or land is put. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.688 Cottage housing or cottage unit.

“Cottage housing” means a minimum of four small detached single-family homes located together in a neighborhood format around common open space and intended to provide higher density alternative housing choices for retirees, singles, or smaller families. (Ord. 1164 § 4, 2004).

17.20.690 Council.

“Council” means the city council of the city of Stanwood. (Ord. 929 Ch. 5, 1995).

17.20.695 County.

“County” means the county of Snohomish, state of Washington. (Ord. 929 Ch. 5, 1995).

17.20.700 Court.

“Court” means an open unoccupied space other than a yard on the same lot with a building and which is bounded on two or more sides by such building. (Ord. 929 Ch. 5, 1995).

17.20.705 Critical areas.

“Critical areas,” at a minimum, means areas which include wetlands, streams, and rivers; areas with a critical recharging effect on aquifers used for potable water; fish and wildlife habitat conservation areas; frequently flooded areas; geologically hazardous areas, including unstable slopes; and associated areas and ecosystems. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.710 Critical facility.

“Critical facility” means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, essential public facilities, schools, nursing homes, hospitals, fire and emergency response installations, and installations that produce, use or store hazardous materials or hazardous waste. (Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.715 Cul-de-sac.

“Cul-de-sac” means a local street having only one means of vehicular access to another street and terminating at its other in a circular-shaped turn around. This definition of cul-de-sac shall in no way be interpreted to include a dead-end street. (Ord. 929 Ch. 5, 1995).

17.20.720 Curb cut.

“Curb cut” means an indentation or depression through or into a raised curb forming a driveway or walkway. (Ord. 929 Ch. 5, 1995).

17.20.725 Curb level.

“Curb level” means the level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the “curb level.” (Ord. 929 Ch. 5, 1995).

17.20.730 Daycare facility.

The following definitions shall apply to the various daycare facilities allowed in the different zoning districts:

(1) “Family daycare home” means a residence used for the care of children under the age of 12 or seniors located in the family dwelling of the person or persons under whose direct care the child or children are placed, accommodating 12 or fewer, such numbers to include those members of the resident family who are under the age of 12 years old. This definition shall apply regardless of whether the care is provided for compensation.

(2) “Mini daycare facility” means a structure used for the full- or part-time care of children under the age of 12 or seniors located in a facility other than a family dwelling, which accommodates 12 or fewer children who are under the age of 12 years of age, regardless of whether said services are provided for compensation.

(3) “Daycare center” means a structure used for the care of children under the age of 12 or seniors located in a facility other than a family dwelling of those individuals under whose direct care the child or children are placed, which accommodates 13 or more children regardless of whether such services are provided for compensation. (Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.735 Decision.

“Decision” means written notification to an applicant that his or her permit application has been approved or denied. (Ord. 929 Ch. 5, 1995).

17.20.740 Declaration of short subdivision.

“Declaration of short subdivision” means a document signed by all persons having any real interest in the land being subdivided and acknowledged before a notary that they signed the same as their free act and deed. The declaration shall, as a minimum, contain the following elements:

(1) A legal description of the tract being divided and all parcels contained therein;

(2) A survey map;

(3) If applicable, the restrictive covenants;

(4) A statement by the signatory that he or she is, in fact, the owner of the property being subdivided;

(5) An agreement by the signatory to indemnify the city for all costs or damages, including attorney’s fees, incurred by or charged against the city as a result of the signatory not being the owner of the property being subdivided;

(6) A statement by the owner that the short subdivision is made with his or her free consent; and

(7) A title report or plat certificate. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.745 Dedication.

“Dedication” means the deliberate appropriation of land by an owner for the general and public uses, reserving to himself or herself 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 approval of such plat for filing by the city. (Ord. 929 Ch. 5, 1995).

17.20.750 Deed.

“Deed” means a written instrument under seal by which an estate in real property is conveyed by the grantor to the grantee. (Ord. 929 Ch. 5, 1995).

17.20.755 Density.

“Density” means the number of permitted dwelling units allowed on each acre of land or fraction thereof. (Ord. 929 Ch. 5, 1995).

17.20.756 Density, gross.

“Gross density” means the number of units that are permitted per gross acre of land proposed for development. (Ord. 1133 § 2, 2003).

17.20.757 Density, net.

“Net density” means the number of units achievable per net acre of land proposed for development. (Ord. 1133 § 2, 2003).

17.20.760 Design storm.

“Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.) (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.765 Detention facility.

“Detention facility” means an above- or below-ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. (Ord. 929 Ch. 5, 1995).

17.20.770 Determination.

“Determination” means written notification by the issuing authority and to all appropriate interested parties of a decision. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.775 Developer.

“Developer” means any person, firm, partnership, association, corporation, company, or organization of any kind, engaged in any type of manmade change of improved or unimproved land. (Ord. 929 Ch. 5, 1995).

17.20.780 Development.

(1) For the purposes of Chapter 17.120 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, “development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

(2) Except for purposes of Chapter 17.120 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, “development” means: the placement, erection, or removal of any fill, solid material, or structure on land, in or under the water; discharge or disposal of any dredged material or of any liquid or solid waste; or the grading, removing, dredging, mining, or extraction of any materials, including mineral resources; the construction, reconstruction, removal, demolition or alteration of the size of any structure; or the removal or harvesting of vegetation. Development shall not be defined or interpreted to include activities related to or undertaken in conjunction with the cultivation, use, or subdivision of land for agricultural purposes that do not disturb the coastal waters or sea, or any improvement made in the interior of any structure. (Ord. 1250 § 2, 2009; Ord. 929 Ch. 5, 1995).

17.20.785 Development right.

“Development right” means a legal claim to convert a tract of land to a specific purpose by construction, installation, or alteration of a building or other structure. (Ord. 929 Ch. 5, 1995).

17.20.790 District, zoning.

“Zoning district” means: any portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited as set forth in this code; and within which certain yards and other open spaces are required, certain lot areas are established, and a combination of such aforesaid conditions are applied. (Ord. 929 Ch. 5, 1995).

17.20.795 Domestic animal.

“Domestic animal” means an animal normally kept incidental to a residential dwelling. Included are dogs and cats; excluded are wild or exotic animals, horses and cows, chickens, goats, or other similar animals. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.800 Drainage.

“Drainage” means the removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff to minimize erosion and sedimentation during and after development and includes the means necessary for water supply preservation, prevention, or alleviation of flooding. (Ord. 929 Ch. 5, 1995).

17.20.805 Drainage basin.

“Drainage basin” means a geographic and hydrologic subunit of a watershed. (Ord. 929 Ch. 5, 1995).

17.20.810 Drive-in or drive-through facility.

“Drive-in or drive-through facility” means an establishment that, by design, physical facilities, service, or by packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles. (Ord. 929 Ch. 5, 1995).

17.20.815 Drive-in establishment.

“Drive-in establishment” means a business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to either serve patrons while in the motor vehicle, or intended to permit consumption in the motor vehicle of food or beverages obtained by a patron of said busi-

ness establishment (restaurants, cleaners, banks, etc.). (Ord. 929 Ch. 5, 1995).

17.20.820 Driving range (golf).

“Driving range (golf)” means an unconfined recreational facility (i.e., without netting overhead or alongside the facility) situated on a plot of land at least 400 yards in length and a minimum of 300 feet wide. A golf driving range may be built with overhead netting, as well as netting (or other confining material) along the sides and the rear of the facility. In such cases, the land requirements shall be at least 100 yards in length and a minimum of 150 feet wide. The purpose of such facility is to allow golfers an opportunity to practice their golf shots. (Ord. 929 Ch. 5, 1995).

17.20.825 Driveway.

“Driveway” means that space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street. (Ord. 929 Ch. 5, 1995).

17.20.830 Dwelling.

“Dwelling” means a building or portion thereof, occupied or intended to be occupied exclusively for residential purposes, but not including hotels. (See also “dwelling, multiple-family” and “family.”) (Ord. 929 Ch. 5, 1995).

17.20.832 Dwelling, accessory.

“Accessory dwelling” means a fully independent secondary living unit that is located on the same property as the primary dwelling. (Ord. 1110 § 3, 2002).

17.20.835 Dwelling, attached.

“Attached dwelling” means a townhouse-style dwelling that occupies space from the ground to the roof and has at least one wall in common with adjoining dwellings. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.840 Dwelling, detached.

“Detached dwelling” means a dwelling that is entirely surrounded by open space on the same lot. (Ord. 929 Ch. 5, 1995).

17.20.845 Dwelling, duplex.

“Duplex dwelling” means a detached building, designed for or occupied exclusively by two families living independently of each other. (Ord. 929 Ch. 5, 1995).

17.20.850 Dwelling, multiple-family.

“Multiple-family dwelling” means a building or portion thereof, used or designed as a residence for three or more families living independently of each other and each with facilities that are used or intended to be used for living, sleeping, and cooking in said building. This definition includes apartment houses but does not include hotels, trailers, or mobile/manufactured homes. (Ord. 929 Ch. 5, 1995).

17.20.855 Dwelling, single-family.

“Single-family dwelling” means a detached building designed for or occupied exclusively by one family. (Ord. 929 Ch. 5, 1995).

17.20.860 Dwelling unit.

“Dwelling unit” means any room or group of rooms located within a residential building and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, and cooking. (Ord. 929 Ch. 5, 1995).

17.20.865 Easement.

“Easement” means a right granted by a property owner to specifically named parties or to the public for the use of certain land for specified purposes. Where appropriate to the context, “easement” may also refer to the land covered by the grant. This may include access, pedestrian paths, bicycle paths, utility easements, drainage, open space, etc. (Ord. 929 Ch. 5, 1995).

17.20.870 Ecosystem.

“Ecosystem” means a characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species, and between them and their environment. (Ord. 929 Ch. 5, 1995).

17.20.875 Efficiency dwelling unit.

“Efficiency dwelling unit” means a dwelling unit consisting of one room exclusive of bathroom, kitchen, hallway, closets, or dining alcove, whether or not directly off the principal room. (Ord. 929 Ch. 5, 1995).

17.20.880 Effluent.

“Effluent” means wastewater discharged by a collection network, various wastewater treatment units, or a wastewater treatment plant; also, the product discharged or emerging from a wastewater treatment process. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.885 Elevated building.

“Elevated building” means a nonbasement building constructed in such a manner as to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway walls. (Ord. 929 Ch. 5, 1995).

17.20.890 Elevation.

“Elevation” means:

(1) The vertical distance above or below a fixed reference level; or

(2) A flat scale drawing of the front, rear, or side of a building or structure. (Ord. 929 Ch. 5, 1995).

17.20.895 Emergency.

“Emergency” means an unexpected situation that poses an immediate danger to life, health, or property and demands immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. (Ord. 929 Ch. 5, 1995).

17.20.900 Emergency hazardous situation.

“Emergency hazardous situation” means a condition that is an immediate and substantial danger to human health, safety, or welfare, or to the environment. (Ord. 929 Ch. 5, 1995).

17.20.905 Emergency shelter.

“Emergency shelter” means a facility whose primary purpose is to provide housing for individuals and families in the event of an emergency or an emergency hazardous situation. (Ord. 929 Ch. 5, 1995).

17.20.907 Emergent wetland.

“Emergent wetland” means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative strata. (Ord. 1164 § 4, 2004).

17.20.910 Eminent domain.

“Eminent domain” means the authority of the city of Stanwood or other government agency to take, or to authorize the taking of, private property for public use with just compensation to the owner. (Ord. 929 Ch. 5, 1995).

17.20.915 Enlargement.

“Enlargement” means an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. (Ord. 929 Ch. 5, 1995).

17.20.920 Environment.

“Environment” means the physical, social and economic conditions that exist within the area which will be affected by a proposed project. (Ord. 929 Ch. 5, 1995).

17.20.925 Environmental impact assessment or statement.

“Environmental impact assessment or statement” means an informational report prepared by an applicant for a proposed development and made available to public agencies and the general public that, when required by this code, shall be considered by the planning director prior to approval or disapproval of an application for a development permit. Such report shall include detailed information about the existing environment in the area of a proposed development; the effects that a proposed development is likely to have on the natural and human environment; an analysis and description of ways in which the significant adverse impacts of such development are proposed to be mitigated and minimized; and an identification and analysis of reasonable alternatives to such development. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.930 Erected.

“Erected” includes built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage, paving, and the like shall be considered within the definition of “erected.” (Ord. 929 Ch. 5, 1995).

17.20.935 Erosion.

“Erosion” means the detachment and movement of soil or rock fragments by water, wind, and/or gravity. (Ord. 929 Ch. 5, 1995).

17.20.940 Establishment.

“Establishment” means an economic unit, generally at a single physical location, where business is conducted or services are offered. (Ord. 929 Ch. 5, 1995).

17.20.945 Facade.

“Facade” means that part of a building facing a street or courtyard. (Ord. 929 Ch. 5, 1995).

17.20.950 Facing or surface.

“Facing or surface” means the surface of a sign upon, against, or through which a message is displayed or illustrated on the sign. (Ord. 929 Ch. 5, 1995).

17.20.955 Factory-built housing.

“Factory-built housing” means a structure constructed in a factory of factory-assembled parts and transported to the building site in whole or in units which meets the requirements of the Uniform Building Code. The completed structure is not a mobile/manufactured home. (Ord. 929 Ch. 5, 1995).

17.20.960 Family.

“Family” means one person or group of two or more persons living together and interrelated by bonds of kinship, marriage, mutual consent, or legal adoption, occupying the whole or part of a dwelling as a separate housekeeping unit with a common set of cooking facilities. The persons thus constituting a family may also include foster children, gratuitous guests and domestic servants. The maximum number of nonrelated members constituting a family shall not exceed six persons. (Ord. 929 Ch. 5, 1995).

17.20.965 Fence.

“Fence” means any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land and is six feet high or less. (Ord. 929 Ch. 5, 1995).

17.20.970 Fill.

“Fill” means earth or any other substance or material placed in or on the ground, including pilings placed in a submerged area. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.975 Filled lands.

“Filled lands” means all artificially made, filled, or reclaimed lands and marshes. (Ord. 929 Ch. 5, 1995).

17.20.980 Final approval.

“Final approval” means the final official action taken by the city council on the plat, subdivision, or dedication, or portion thereof, which has previously received preliminary approval. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.985 Financial institutions.

“Financial institutions” means establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, and other similar uses. (Ord. 929 Ch. 5, 1995).

17.20.990 Flea market.

“Flea market” means an occasional sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, but not to include private garage sales. (Ord. 929 Ch. 5, 1995).

17.20.995 Floating zone.

Repealed by Ord. 1110. (Ord. 929 Ch. 5, 1995).

17.20.1000 Flood Insurance Rate Map (FIRM).

“Flood Insurance Rate Map (FIRM)” means an official map of the city of Stanwood on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the city. (Ord. 929 Ch. 5, 1995).

17.20.1005 Flood insurance study.

“Flood insurance study” means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. (Ord. 929 Ch. 5, 1995).

17.20.1010 Flood or flooding.

“Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland waters;

(2) The unusual and rapid accumulation or runoff of surface waters from any source;

(3) Tsunami;

(4) High tide in conjunction with high winds;

(5) Sea level rise due to global warming. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.1015 Flood, regulatory.

“Regulatory flood” means a flood that is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular watercourse. The regulatory flood generally has a flood frequency of approximately 100 years, as determined from an analysis of floods on a particular watercourse and other watercourses in the same general area. (Ord. 929 Ch. 5, 1995).

17.20.1020 Flood, twenty-year.

“Twenty-year flood” means the highest level of flooding that, on average, is likely to occur once every 20 years. (Ord. 929 Ch. 5, 1995).

17.20.1025 Floodplain area having special flood hazard.

“Floodplain area having special flood hazard” means that maximum area of the floodplain that, on average, is likely to be flooded once every 100 years (i.e., that has a one percent chance of being flooded each year). (Ord. 929 Ch. 5, 1995).

17.20.1030 Floodplain or flood-prone area.

“Floodplain or flood-prone area” means a land area adjoining a river, stream, watercourse, or pond that is likely to be flooded. (Ord. 929 Ch. 5, 1995).

17.20.1035 Floodway.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Ord. 929 Ch. 5, 1995).

17.20.1040 Floor.

“Floor” means the top surface of an enclosed area in a building (including basement), i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction. The term does not include the floor of a garage used primarily for the parking of vehicles and where openings are installed to allow the free passage of water. (Ord. 929 Ch. 5, 1995).

17.20.1045 Floor area.

“Floor area” means the sum of the gross horizontal areas of all of the floors of all buildings on the lot, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. Floor area shall include the area of basements when used for residential, commercial or industrial purposes, but need not include a basement or portion of a basement used for storage or housing of mechanical equipment, or the basement apartment of a custodian in a multifamily dwelling, except that portion of said custodian’s dwelling unit which is in excess of 50 percent of the total basement area. (Ord. 929 Ch. 5, 1995).

17.20.1050 Floor area ratio (F.A.R.).

“Floor area ratio (F.A.R.)” means the horizontal area of all of the floors of any building or buildings on a lot, divided by the area of such lot, or in the case of planned unit developments, by the net lot area. Where off-street parking is provided in the principal building or in a building on a lot across a street or alley from the principal building, the area of the lot upon which such building providing off-street parking is provided may be included in determining the permitted floor area of the principal building. Space provided within a building for off-street parking shall not be counted in determining the floor area of such building. (Ord. 929 Ch. 5, 1995).

17.20.1055 Floor area, usable.

“Usable floor area” means any floor area within the outside wall of a building exclusive of areas in cellars, basements, unfinished attics, garages, open porches, and accessory buildings. (Ord. 929 Ch. 5, 1995).

17.20.1060 Footprint, building.

“Building footprint” means the external perimeter of a building, including its foundation and all stories that cantilever over the first floor, decks and balconies, but excluding eaves and fireplaces. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1062 Forested wetland.

“Forested wetland” means a regulated wetland with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height that is at least partially rooted within the wetland. (Ord. 1164 § 4, 2004).

17.20.1065 Frequently flooded areas.

“Frequently flooded areas” means the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. (Ord. 929 Ch. 5, 1995).

17.20.1070 Frontage, corner lot.

“Corner lot frontage” means all the property between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on two sides between an intersecting street and the dead-end of the street. This definition also includes ingress-egress easements when used as the only means of access. (Ord. 929 Ch. 5, 1995).

17.20.1075 Fuel storage facility.

“Fuel storage facility” means an area that is used or planned to be used for the storage of petroleum products used for the powering of motor vehicles, boats and ships, and aircraft, and for the operation of electrical generating plants. The facilities may be above-ground or underground storage tanks. (Ord. 929 Ch. 5, 1995).

17.20.1080 Functions and values.

“Functions and values” means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, protection from hazards, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.1085 Funeral home.

“Funeral home” means a building used for the preparation of the deceased for burial, the display of the deceased, and ceremonies connected therewith before burial or cremation. (Ord. 929 Ch. 5, 1995).

17.20.1090 Gambling establishment.

“Gambling establishment” means a casino or other facility in which are included facilities for roulette, dice, various card games, slot machines and/or other games of chance. (Ord. 929 Ch. 5, 1995).

17.20.1095 Garage.

“Garage” means a building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, or storing motor vehicles internally and enclosed within the building. (Ord. 929 Ch. 5, 1995).

17.20.1100 Garage, parking.

“Parking garage” means a building, or portion of building, or area beneath a building or structure, except those described as a private garage, used for the parking only of automotive vehicles. (Ord. 929 Ch. 5, 1995).

17.20.1105 Garage, private.

“Private garage” means an accessory building primarily for the storage of self-propelled vehicles for the use of occupants of a lot on which such building is located. The foregoing definition shall be construed to permit the storage on any one lot for the occupants thereof within such garage, of commercial vehicles that otherwise may be used as private vehicles. However, this shall not be construed to include construction equipment or vehicles with a rated base curb weight in excess of 5,000 pounds. (Ord. 929 Ch. 5, 1995).

17.20.1110 Garage, public.

“Public garage” means a building designed and used for compensation for the storage, repair, or servicing of motor vehicles or boats as a business. (Ord. 929 Ch. 5, 1995).

17.20.1115 Geologically hazardous areas.

“Geologically hazardous areas” 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. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.1120 Golf course.

“Golf course” means a tract of land for the playing of the game of golf, with tees, greens, fairways, hazards, etc. A golf course may be nine or 18 holes in length. (Ord. 929 Ch. 5, 1995).

17.20.1125 Governmental use.

“Governmental use” means public land areas and facilities that are utilized for daily administration and operation of government business which house personnel, records, equipment and the like, belonging to or leased by the city, state, or federal government, special district, or agency. (Ord. 929 Ch. 5, 1995).

17.20.1130 Grade.

“Grade” means the established grade of the street or sidewalk as prescribed by the department of public works. Where no such grade has been established, the grade shall be the average computed by a licensed land surveyor at the sidewalk at the property line. Where no sidewalk exists, the grade shall be established in the same manner on the street adjacent to the property line. (Ord. 929 Ch. 5, 1995).

17.20.1135 Gradient terrace.

“Gradient terrace” means an earth embankment or a ridge-and-channel constructed with suitable spacing and an acceptable grade to reduce erosion damage by intercepting surface runoff and conducting it to a stable outlet at a stable nonerosive velocity. (Ord. 929 Ch. 5, 1995).

17.20.1140 Greenbelt.

“Greenbelt” means a strip of land for the planting, growing, and maintaining of a sight-obscuring screen of healthy trees and shrubs to attain an ultimate height of not less than eight feet. (Ord. 929 Ch. 5, 1995).

17.20.1145 Greenhouse.

“Greenhouse” means an enclosed building, permanent or portable, that is used for the growth of plants. (Ord. 929 Ch. 5, 1995).

17.20.1150 Gross leasable area (GLA).

“Gross leasable area (GLA)” means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. GLA is that area on which the tenants pay rent; it is the area producing income to the landlord, and is the square footage amount used for determining required parking area. GLA includes all areas except common areas. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1155 Ground floor area.

“Ground floor area” means the square footage area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, patios, swimming pools, parking areas, driveways, garages, exterior stairways, secondary stairways, and drive-through teller lanes or walk-up windows of financial institutions only. Ground floor area is the total building area used in determining the percentage of lot coverage. (Ord. 929 Ch. 5, 1995).

17.20.1160 Groundwater.

“Groundwater” means the portion of water contained in interconnected pores or fractures in a saturated zone or stratum located beneath the surface of the earth or below a surface water body. (Ord. 929 Ch. 5, 1995).

17.20.1165 Groundwater management.

“Groundwater management” means the management and coordination of groundwater regulations, strategies, polices, and technical information for the protection and use of groundwater resources. (Ord. 929 Ch. 5, 1995).

17.20.1170 Group home.

“Group home” means a facility licensed by the state to provide, on a 24-hour basis, training, care, custody, correction or control, or any combination of those functions, to one or more persons who may be children, the aged, disabled, underprivileged, indigent, handicapped or other special class of persons, either by governmental unit or agency or by a person or organization devoted to such functions. This term shall not include schools, hospitals, prisons or other social service facilities. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1175 Gutter.

“Gutter” means a constructed waterway, usually along a street curb, installed to collect and conduct street surface water. (Ord. 929 Ch. 5, 1995).

17.20.1180 Halfway house.

“Halfway house” means a licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive confinement wherein supervision, rehabilitation, and counseling are provided to mainstream a person back into society. (Ord. 929 Ch. 5, 1995).

17.20.1185 Hardship.

“Hardship” means special conditions or circumstances existing that are peculiar to the location, size, and characteristics of the land, structure, or building involved and which are not applicable to the same degree to the lands, structure, or buildings in the same zoning district; or special conditions or circumstances that did not result from the action of the applicant; or from a literal interpretation of this code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. (Ord. 929 Ch. 5, 1995).

17.20.1190 Hazardous substances.

“Hazardous substances” means any substances or materials that, by any reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. (Ord. 929 Ch. 5, 1995).

17.20.1195 Health care facility.

“Health care facility” means an establishment primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners; medical and dental laboratories; out-patient care facilities; blood banks; and oxygen and miscellaneous types of medical supplies and services. (Ord. 929 Ch. 5, 1995).

17.20.1200 Health club.

“Health club” means gymnasiums (except those associated with educational institutions), private clubs (athletic, health, or recreational), reducing salons, and weight control establishments. (Ord. 929 Ch. 5, 1995).

17.20.1205 Hearing examiner.

“Hearing examiner” means an officer of the city of Stanwood appointed for the purposes of holding quasi-judicial hearings and rendering decisions on land use applications. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

17.20.1210 Height, building.

“Building height” means the vertical distance from the average curb elevation to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof and to the mean height level between the eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, the height of the building shall be measured from the average elevation of the finished grade at the front of the building. (Ord. 929 Ch. 5, 1995).

17.20.1215 Highest adjacent grade.

“Highest adjacent grade” means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed walls of a structure. (Ord. 929 Ch. 5, 1995).

17.20.1220 Highway.

“Highway” means a major roadway or thoroughfare, primarily designed for through traffic. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1225 Historic property.

“Historic property” means a building, structure, object, area, or site that is significant in the history, architecture, archaeology, or culture of Stanwood, the state, or the nation. (Ord. 929 Ch. 5, 1995).

17.20.1230 Homeless shelter.

“Homeless shelter” means a facility that provides temporary housing for individuals or families which, due to personal adverse financial situations, have lost their homes. (See also residential treatment facility). (Ord. 929 Ch. 5, 1995).

17.20.1235 Home occupation.

“Home occupation” means an economic enterprise carried on within a dwelling unit or accessory building which is customarily incidental and secondary to the residential use of the unit as outlined in the residential performance standards of this code. (Bed and breakfast facilities shall not be deemed to be home occupations.) (Ord. 929 Ch. 5, 1995).

17.20.1240 Homeowners’ association.

“Homeowners’ association” means a private, nonprofit corporation of homeowners of a fixed area constituted for the purpose of owning, operating, and maintaining various common properties. (Ord. 929 Ch. 5, 1995).

17.20.1245 Horticulture.

“Horticulture” means the science and art of cultivating flowers, fruits, vegetables, or ornamental plants. (Ord. 929 Ch. 5, 1995).

17.20.1250 Hospital.

“Hospital” means a facility providing primary health services and medical or surgical care to persons, primarily inpatients suffering from illness, disease, injury, deformity, other abnormal physical or mental conditions, chemical or substance dependency or abuse, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, and training facilities. (Ord. 929 Ch. 5, 1995).

17.20.1255 Hotels and guest houses.

“Hotels and guest houses” means any building containing more than six guest rooms used, or intended to be used, rented, or hired out to be occupied or that are occupied for sleeping purposes by guests, whether rent is paid in money, goods, labor, or otherwise. It does not include buildings in which sleeping accommodations are provided for persons who are harbored or detained to receive medical, charitable, or other care or treatment, or provided for persons who are involuntarily detained under legal restraint. (Ord. 929 Ch. 5, 1995).

17.20.1260 House of worship/church.

“House of worship/church” means a building or structure wherein persons regularly assemble for religious worship, which is specifically designed and used primarily for such purpose, and which is maintained and controlled by a religious body organized to sustain public worship. (Ord. 929 Ch. 5, 1995).

17.20.1265 Hydric soil.

“Hydric soil” means soil that is saturated, flooded or ponded long enough to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined by following the procedure described in the Washington State Wetland Identification and Delineation Manual, or subsequent amendments. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995. Formerly 17.20.1280).

17.20.1270 Hydrogeologic site evaluation.

“Hydrogeologic site evaluation” means an analysis of a site’s groundwater, aquifers, and geology performed by a licensed hydrogeologist. (Ord. 1164 § 4, 2004; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995. Formerly 17.20.1265).

17.20.1275 Hydrologically isolated.

“Hydrologically isolated” means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.1280 Hydrology.

“Hydrology” means the study of water, including surface water, rain water and groundwater – its origin, occurrence, movement, and quality. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995. Formerly 17.20.1270).

17.20.1285 Hydroperiod.

“Hydroperiod” means the seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation. (Ord. 929 Ch. 5, 1995).

17.20.1287 Hydrophytic vegetation.

“Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the Washington State Wetland Identification and Delineation Manual. (Ord. 1164 § 4, 2004).

17.20.1288 Hyporheic zone.

“Hyporheic zone” means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters, serves as a filter for nutrients, and maintains water quality. (Ord. 1164 § 4, 2004).

17.20.1290 Illicit discharge.

“Illicit discharge” means all nonstormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems. (Ord. 929 Ch. 5, 1995).

17.20.1295 Illuminated sign.

“Illuminated sign” means any sign that has characters, letters, figures, designs or outlines illuminated externally by electric lights or internally by luminous tubes. (Ord. 929 Ch. 5, 1995).

17.20.1300 Immediate vicinity.

“Immediate vicinity,” with regard to the built or manmade environment, means all development that is within 500 linear feet of any proposed development, measured in a straight line from the property line that is closest to any existing development. (Ord. 929 Ch. 5, 1995).

17.20.1305 Impervious surface.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.1310 Improvement.

“Improvement” means any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment. (Ord. 929 Ch. 5, 1995).

17.20.1315 Include.

“Include” means to contain or comprise without limitation, to consider as part of a whole, or to take into account. (Ord. 929 Ch. 5, 1995).

17.20.1320 Incompatible use.

“Incompatible use” means a use that is incapable of existing in harmony with the natural environment or with other uses situated in its immediate vicinity. (Ord. 929 Ch. 5, 1995).

17.20.1325 Indoor amusement.

“Indoor amusement” means establishments engaged in providing entertainment indoors for a fee or admission charge, including such activities as theaters, bowling, pool, billiards, or arcades, that feature three or more coin- or token-operated devices, such as pinball and video games. (Ord. 929 Ch. 5, 1995).

17.20.1330 Indoor storage.

“Indoor storage” means the keeping of any goods, materials, merchandise, or supplies as an accessory use to any retail, office, or service use. Any retail or office use shall not devote more than 35 percent of its gross floor area to indoor storage. (Ord. 929 Ch. 5, 1995).

17.20.1335 Industrial park.

“Industrial park” means a planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site circulation, parking, utility needs, building design and orientation, and open space. (Ord. 929 Ch. 5, 1995).

17.20.1340 Industrial zone.

“Industrial zone” means a land use where manufacturing is allowed. (Ord. 929 Ch. 5, 1995).

17.20.1345 Industry, heavy.

“Heavy industry” means a use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in the storage of, or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. (Ord. 929 Ch. 5, 1995).

17.20.1350 Industry, light.

“Light industry” means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including process, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing. (Ord. 929 Ch. 5, 1995).

17.20.1355 Infill development.

“Infill development” means the addition of new housing or other buildings on scattered vacant sites or redevelopment of older structures in an existing, already developed area. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1360 Infrastructure.

“Infrastructure” means the roads, sewage system (including collection lines, treatment plants, and outfalls), water system (including distribution lines and wells), police and fire protection services, health care facilities, schools, electricity system, telephone system, cable television system, natural gas lines, and solid waste disposal facilities. (Ord. 929 Ch. 5, 1995).

17.20.1365 Institutional use.

“Institutional use” means a nonprofit corporation or establishment for public use. (Ord. 929 Ch. 5, 1995).

17.20.1370 Intent.

“Intent” means the objective toward which any section of this code strives or for which it exists. (Ord. 929 Ch. 5, 1995).

17.20.1375 Interflow.

“Interflow” means that portion of rainfall that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface, for example, in a wetland, spring or seep. (Ord. 929 Ch. 5, 1995).

17.20.1380 Interpretation.

“Interpretation” means a finding or determination made by the planning director as to the meaning or intent of any work, phrase, or section contained herein. (Ord. 929 Ch. 5, 1995).

17.20.1385 Intersection.

“Intersection” means any street, public way, court, or alley that joins another at an angle, whether or not it crosses the other. (Ord. 929 Ch. 5, 1995).

17.20.1390 Irregular lot.

“Irregular lot” means a lot which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line. (Ord. 929 Ch. 5, 1995).

17.20.1395 Junkyard.

“Junkyard” means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking yards, and places or yards for storage of salvaged house wrecking and structured steel materials and equipment. A junkyard shall not be construed to include such uses when conducted entirely within an enclosed building, nor pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged machinery in operable condition or the processing of used, discarded or salvaged materials as part of a manufacturing operation. (Ord. 929 Ch. 5, 1995).

17.20.1400 Kennel.

“Kennel” means a collection of three or more adult dogs and one litter of unweaned pups kept for hunting, breeding, sale, exhibition, or domestic use. (Ord. 929 Ch. 5, 1995).

17.20.1401 Kennel, commercial.

“Commercial kennel” means a building in which four or more domestic animals at least four months of age are kept commercially for boarding or treatment. (Ord. 1110 § 3, 2002).

17.20.1405 Kitchen.

“Kitchen” means any area used or intended or designed to be used for cooking or preparation of food. (Ord. 929 Ch. 5, 1995).

17.20.1410 Laboratory.

“Laboratory” means a place devoted to experimental study, such as testing and analyzing, as well as physical diagnostic facilities and soil and water testing facilities. The manufacturing of any product or products is not considered to be part of this definition. (Ord. 929 Ch. 5, 1995).

17.20.1415 Land clearing.

“Land clearing” means the exposure of earth by the removal of vegetative cover of any kind. (Ord. 929 Ch. 5, 1995).

17.20.1420 Land-disturbing activity.

“Land-disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation. (Ord. 929 Ch. 5, 1995).

17.20.1425 Landfill.

“Landfill” means the depositing of soil, sand, gravel, shell, or other materials on or in any land area, or the artificial alteration of water levels for land reclamation purposes. (Ord. 929 Ch. 5, 1995).

17.20.1427 Landmark.

“Landmark” means a historical or culturally significant site, building, or other element that is recognized as such by the city and is in part or wholly open to the public. (Ord. 1251 § 3, 2009).

17.20.1430 Landscape.

“Landscape” means the use of materials such as trees, ornamental shrubs, ground cover, gravel, river rock, driftwood, rockeries, or combination of such materials. (Ord. 929 Ch. 5, 1995).

17.20.1435 Landscape, perimeter.

“Perimeter landscape” means a continuous area of land, required to be set aside along the perimeter of a lot, in which landscaping is used to provide a transition between uses and/or to reduce the environmental, aesthetic, and other impacts of one type of land use or activity upon another. (Ord. 929 Ch. 5, 1995).

17.20.1440 Landscape plan.

“Landscape plan” means a detailed sketch to scale, illustrating the type, size, location and number of plants and other landscape elements to be placed in a development. (Ord. 929 Ch. 5, 1995).

17.20.1445 Landscape strip.

“Landscape strip” means a strip of land along the perimeter of the site containing trees, barriers, ground cover and/or other plant material. (Ord. 929 Ch. 5, 1995).

17.20.1450 Land use.

“Land use” means the employment of a site or holding so as to derive revenue or other benefit from it; also the delineation by the government of the utilization to which land may be put so as to promote the most advantageous development of the city of Stanwood. (Ord. 929 Ch. 5, 1995).

17.20.1455 Laundromat.

“Laundromat” means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes. (Ord. 929 Ch. 5, 1995).

17.20.1460 Laundry plant.

“Laundry plant” means an establishment for the mechanized washing and/or dry cleaning of clothing, linens, and the like. (Ord. 929 Ch. 5, 1995).

17.20.1465 Laundry service.

“Laundry service” means a retail sales and service establishment that provides for the drop-off of clothing, linens, and the like to be washed, dry cleaned, ironed, mended, or repaired with no machines or equipment for the dyeing of same, and specifically no machines or equipment available for self-service directly by the consumer. (Ord. 929 Ch. 5, 1995).

17.20.1470 Livestock.

“Livestock” means animals, such as horses, cattle, pigs, goats, or poultry, kept for their services or raised for food and other products. (Ord. 929 Ch. 5, 1995).

17.20.1475 Loading space.

“Loading space” means an off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials. (Ord. 929 Ch. 5, 1995).

17.20.1480 Local road or street.

“Local road or street” means a roadway providing for direct access to abutting land, and for local traffic movements. (Ord. 929 Ch. 5, 1995).

17.20.1485 Lodging house.

“Lodging house” means a building other than a hotel where lodging is provided for five or more persons for compensation pursuant to previous arrangements, but not open to the public or transients, and meals and drinks are not served. (Ord. 929 Ch. 5, 1995).

17.20.1490 Lot.

“Lot” means a fractional part of divided land having fixed boundaries and being of sufficient area and dimensions to meet minimum zoning requirements for width, depth, and area. This term shall also include tracts or parcels, but shall not include land divided for purposes of financing or taxation. (Ord. 929 Ch. 5, 1995).

17.20.1495 Lot area.

“Lot area” means the total horizontal area contained within the boundary lines of a lot. (Ord. 929 Ch. 5, 1995).

17.20.1500 Lot, building.

“Building lot” means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling unit grouping and its accessory buildings, together with such open spaces as are required under the provisions of this code, having not less than the minimum area and width required by this code for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of this code to be adequate as a condition of the issuance of a development permit for a building on such land. (Ord. 929 Ch. 5, 1995).

17.20.1505 Lot, corner.

“Corner lot” means a lot located at the intersection of two streets or a lot bounded on two sides by a curving street and any two chords of which form an angle of 120 degrees or less. The point of intersection of the street lot lines is the “corner.” In the case of a corner lot with curved street lines, the corner is that point on the street lot line nearest to the point of intersection of the tangents described above. (Ord. 929 Ch. 5, 1995).

17.20.1510 Lot coverage.

Repealed by Ord. 1110. (Ord. 929 Ch. 5, 1995).

17.20.1515 Lot depth.

“Lot depth” means the mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries. (Ord. 929 Ch. 5, 1995).

17.20.1520 Lot, interior.

“Interior lot” means a lot other than a corner lot. (Ord. 929 Ch. 5, 1995).

17.20.1525 Lot line, front.

“Front lot line” means the lot line separating the lot from the street in the case of an interior lot and, in the case of a corner lot, either street lot line; provided the other is considered to be a side street lot line. (Ord. 929 Ch. 5, 1995).

17.20.1530 Lot line, rear.

“Rear lot line” means, ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular, triangular or gore shaped lot, a line 10 feet in length entirely within the lot, parallel to and at the maximum distance from the front lot line of the lot shall be considered to be the rear lot line for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the planning director shall designate the rear lot line. (Ord. 929 Ch. 5, 1995).

17.20.1535 Lot line, side.

“Side lot line” means any lot line that, as defined by this code, does not constitute a front or rear lot line. (Ord. 929 Ch. 5, 1995).

17.20.1540 Lot of record.

“Lot of record” means an area or parcel of land as shown on an officially recorded plat or subdivision, or an area or parcel of land to which a deed or contract is officially recorded as a unit of property, or which is described by metes and bounds, or as a fraction of a section. (Ord. 929 Ch. 5, 1995).

17.20.1545 Lot, through.

“Through lot” means an interior lot having frontages on two parallel streets as distinguished from a corner lot, which has frontages on two perpendicular streets (also referred to as a “double-frontage lot”). (Ord. 929 Ch. 5, 1995).

17.20.1550 Lot width.

“Lot width” means the mean horizontal distance between the side lines, measured at right angles to the side lot line. Where side lot lines are not parallel, the lot width shall be considered as the average distance between such side lot lines. (Ord. 929 Ch. 5, 1995).

17.20.1555 Lot, zoning.

“Zoning lot” means a single tract of land located within a single block which (at the time of filing for a development permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A zoning lot may or may not coincide with a lot of record. (Ord. 929 Ch. 5, 1995).

17.20.1560 Lounge.

“Lounge” means a building or portion of a building, wherein alcoholic beverages are sold by the drink and consumed on the premises. (Ord. 929 Ch. 5, 1995).

17.20.1562 Lowest floor.

For the purposes of Chapter 17.120 SMC, “lowest floor” means 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 nonelevation design requirements provided there are adequate flood ventilation openings. (Ord. 1250 § 3, 2009).

17.20.1565 Major public community drinking water supply.

“Major public community drinking water supply” means those public water systems that are permitted to withdraw an average daily amount of at least 100,000 gallons of groundwater. (Ord. 929 Ch. 5, 1995).

17.20.1570 Manufactured/mobile home.

(1) For the purposes of Chapter 17.120 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, “manufactured/mobile home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured/mobile home” does not include a “recreational vehicle.”

(2) Except for purposes of Chapter 17.120 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, “manufactured/mobile home” means a residential unit on one or more chassis for towing to the point of use and designed to be used with a permanent foundation as a dwelling unit on a year-round basis, and which bears an insignia issued by a state or federal regulatory agency indicating the mobile/manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development definition of manufactured home. Commercial coaches, recreational vehicles, or motor homes are not mobile/manufactured homes. (Ord. 1250 § 4, 2009; Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1575 Manufactured/mobile home park.

“Manufactured/mobile home park” means a tract of land under single ownership or control upon which six or more mobile/manufactured homes occupied as dwellings may be located. (Ord. 929 Ch. 5, 1995).

17.20.1580 Manufactured/mobile home space.

“Manufactured/mobile home space” means that portion of land in a manufactured/mobile home park allotted or designed for accommodation of one mobile home. (Ord. 929 Ch. 5, 1995).

17.20.1585 Marquee.

(See canopy.) (Ord. 929 Ch. 5, 1995).

17.20.1590 Massage.

“Massage” means the manipulation of the superficial tissue of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or any electrical or mechanical device, or the application to the human body of a chemical or herbal preparation, and is not intended to be sexually arousing. (Ord. 929 Ch. 5, 1995).

17.20.1595 Massage clinic or center.

“Massage clinic or center” means a business establishment offering massage, steam baths, etc., to relieve tension, make muscles or joints supple, or stimulate circulation. An establishment that refers to itself as a “massage parlor” and fits the definition of an adult entertainment facility (see SMC 17.20.090) shall not, for the purpose of this code, be considered to be a massage clinic or center. (Ord. 929 Ch. 5, 1995).

17.20.1600 Master program.

“Master program” means the comprehensive shoreline plan for the city and the use regulations, together with maps, diagrams, charts or other descriptive material and text, developed in accordance with the policies set forth in this code and RCW 90.58.020 (Section 2 of the Shoreline Management Act of 1971). (Ord. 929 Ch. 5, 1995).

17.20.1605 Mean high water.

“Mean high water” means the average height of the high waters over a 19-year period, or for shorter periods of observation, the average height of the high water after corrections are applied to eliminate known variations and to produce the result of the equivalent of a mean 19-year value. Alternatively, mean high water may be defined as the average height of the high waters as established and accepted by the U.S. Army Corps of Engineers. (Ord. 929 Ch. 5, 1995).

17.20.1610 Mean high water line.

“Mean high water line” means the intersection of the tidal plane of mean high water with the shoreline. (Ord. 929 Ch. 5, 1995).

17.20.1615 Mean low water.

“Mean low water” means the average height of the low waters over a 19-year period, or for shorter periods of observation, the average height of the low waters after corrections are applied to eliminate known variations and to produce the result of the equivalent of a mean 19-year value. Alternatively, mean low water may be defined as the average height of the low waters as established and accepted by the U.S. Army Corps of Engineers. (Ord. 929 Ch. 5, 1995).

17.20.1620 Mean low water line.

“Mean low water line” means the intersection of the tidal plane of mean low water with the shoreline. (Ord. 929 Ch. 5, 1995).

17.20.1625 Mezzanine.

“Mezzanine” means a floor level between two main floors of a building, usually immediately above the ground floor. (Ord. 929 Ch. 5, 1995).

17.20.1630 Minimum living area.

“Minimum living area” means the area within the outside perimeter of the exterior walls with no deduction for corridors, stairs, closets, thickness of walls, columns or other features, exclusive of areas open and unobstructed to the sky, and not to include garages, carports, open porches, open breezeways, store rooms, screened-in porches, or basements. (Ord. 929 Ch. 5, 1995).

17.20.1635 Ministorage or miniwarehouse.

“Ministorage or miniwarehouse” means a building or group of buildings consisting of individual storage units not exceeding 400 square feet per storage unit that are leased or owned for the storage of business and household goods or contractor’s supplies. These facilities shall not be used for any wholesale or retail operations. (Ord. 929 Ch. 5, 1995).

17.20.1640 Mitigation.

“Mitigation” means an action or actions taken to lessen or to compensate for unavoidable adverse effects on public facilities, environmentally sensitive areas, or historic properties. Compensatory mitigation for replacing project-induced wetland losses or impacts includes, but is not limited to, the following:

(1) Restoration. Actions performed to reestablish wetland functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland.

(2) Creation. Actions performed to intentionally establish a wetland at a site where it did not formerly exist.

(3) Enhancement. Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality.

(4) Preservation. Actions taken to ensure the permanent protection of existing, high-quality wetlands. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.1645 Mixed use zoning.

“Mixed use zoning” means zoning that permits a combination of typically separated uses within a single development. Mixed use in an urban context refers to usually a single building with more than one type of activity taking place within its confines. An example of such a type of development could have commercial uses on the ground floor, offices above them, and residential units above the offices. Other combinations of uses may also occur in this type of setting. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1653 Monitoring.

“Monitoring” means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data. (Ord. 1164 § 4, 2004).

17.20.1650 Modular home.

“Modular home” means a dwelling unit constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance, and transported to the building site for final assembly and permanent foundation. This definition includes “prefabricated,” “panelized,” and “factory-built” units. (Ord. 929 Ch. 5, 1995).

17.20.1655 Motel.

“Motel” means a building or group of buildings containing guest rooms or apartments designed or used primarily by automobile transients, including, but not limited to, auto courts, motor inns, tourist courts, and motor lodges. (Ord. 929 Ch. 5, 1995).

17.20.1660 Mulch.

“Mulch” means nonliving, organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture. (Ord. 929 Ch. 5, 1995).

17.20.1665 Museum.

“Museum” means a nonprofit, noncommercial establishment operated as a repository or a collection of natural, historic, scientific, or literary curiosities, or objects of interest or works of art. Restaurants and gift shops may be included as part of any museum, so long as the square footage for these activities constitutes not more than 25 percent of the total floor area of the museum building. (Ord. 929 Ch. 5, 1995).

17.20.1670 National geodetic vertical datum (NGVD).

“National geodetic vertical datum (NGVD),” as corrected in 1929, means a vertical control used as a reference for establishing varying elevations within the floodplain. (Ord. 929 Ch. 5, 1995).

17.20.1675 National Register of Historic Places.

“National Register of Historic Places” means a list of properties that have been formally judged to have historic significance and which have been accepted by the keeper of the national register. (Ord. 929 Ch. 5, 1995).

17.20.1680 Native growth protection easement or area.

“Native growth protection easement or area” means a formally recorded easement placed over an area of land for the permanent protection of critical areas, critical area buffers, or other environmentally sensitive lands. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1682 Native vegetation.

“Native vegetation” means plant species that are indigenous to the area in question. (Ord. 1164 § 4, 2004).

17.20.1685 Necessary.

“Necessary” means anything that is deemed by the city of Stanwood to be required to meet the needs of the general public. (Ord. 929 Ch. 5, 1995).

17.20.1690 Net floor area.

“Net floor area” means the area actually occupied, not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet rooms, mechanical areas, or other similar features. (Ord. 929 Ch. 5, 1995).

17.20.1695 New construction.

“New construction” means structures for which the “start of construction” commenced on or after the effective date of this code. (Ord. 929 Ch. 5, 1995).

17.20.1700 Night club.

“Night club” means an establishment that has a capacity for at least 30 persons seated at tables, and the bar employs a bartender and maintains table service, dancing, and/or live entertainment for the guests. (Ord. 929 Ch. 5, 1995).

17.20.1705 Nonconforming structure.

“Nonconforming structure” means a structure that was legally constructed prior to the effective date of this code, but which would not be permitted as a new structure under the terms of this code because such structure is not in conformance with the yard, height, lot coverage, or open space requirements of the zone in which it is located. (Ord. 929 Ch. 5, 1995).

17.20.1710 Nonconforming use.

“Nonconforming use” means a utilization of land or structures or both, legally established prior to the effective date of this code, which would not be permitted as a new use in the zone in which it is located under the terms of this code. (Ord. 929 Ch. 5, 1995).

17.20.1715 Noncombustible material.

“Noncombustible material” means any material that will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not burn or glow at or below that temperature. (Ord. 929 Ch. 5, 1995).

17.20.1720 Notify.

“Notify” means to inform by either hand delivery, regular mail or certified mail (except where otherwise specified) the applicant, his authorized agent or representative, adjacent property owners, or the planning director. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1725 Nuisance.

“Nuisance” means the use of property or course of conduct that interferes with the legal rights of others which causes damage, annoyance, inconvenience, or tends to injure the health, safety, or morals of the city’s residents. (Ord. 929 Ch. 5, 1995).

17.20.1730 Nursery, day.

Repealed by Ord. 1110. (Ord. 929 Ch. 5, 1995).

17.20.1735 Nursing, rest, or convalescent home.

“Nursing, rest, or convalescent home” means a private facility for the care of three or more children, aged, or infirm persons, or a place of rest for those suffering bodily disorders. Such facility does not contain equipment for surgical care or for the treatment of injury. (See also “residential treatment facilities.”) (Ord. 929 Ch. 5, 1995).

17.20.1740 Occupancy.

“Occupancy” means the physical utilization of a structure or land on a temporary or permanent basis. This includes existing structures built prior to the enactment of this code that do not have authorization by virtue of a valid permit issued. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1745 Office.

“Office” means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. (Ord. 929 Ch. 5, 1995).

17.20.1750 Office park.

“Office park” means a tract of land that has been planned, developed, and operates as an integrated facility for at least three separate office buildings and supporting ancillary uses, with special attention given to circulation, parking, aesthetics, and compatibility. (Ord. 929 Ch. 5, 1995).

17.20.1755 Official plans.

“Official plans” means those official maps or map or portions thereof, adopted by ordinance by the council as provided in Chapter

35.63 RCW, and as hereafter amended. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1760 Off-street parking.

“Off-street parking” means the minimum off-street, on-site parking of vehicles that shall be provided under the terms of this code. (Ord. 929 Ch. 5, 1995).

17.20.1765 On-site.

“On-site” means located on the lot in question, except in the context of on-site detention, when the term means within the boundaries of the development site as a whole. (Ord. 929 Ch. 5, 1995).

17.20.1770 Open space.

“Open space” means an area that is intended to provide light and air, and is designed or preserved for environmental, habitat, scenic or recreational purposes. (Ord. 1098 § 1, 2001; Ord. 929 Ch. 5, 1995).

17.20.1775 Open space, usable.

“Usable open space” means a common, accessible area that is shared by residents of a subdivision and/or by the public and is not encumbered with any substantial structure; is not devoted to use as a roadway, parking area, or sidewalk; is left in its natural or undisturbed state or is landscaped; is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; and is not used as a wet detention pond or water quality facility. (Ord. 1098 § 1, 2001; Ord. 929 Ch. 5, 1995).

17.20.1780 Ordinary high water mark.

“Ordinary high water mark” means the mark on all lakes and streams that will be found by examining the beds 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 and vegetation, as that condition exists on the effective date of this code, or as it may naturally change thereafter. In any area where the ordinary high water mark cannot be found, it shall be the line of the mean high tide in areas adjoining salt water, and the line of mean high water in areas adjoining freshwater. (Ord. 929 Ch. 5, 1995).

17.20.1785 Ordinary residential improvements.

“Ordinary residential improvements” means those structures and facilities which are commonly found with, and are incidental to the development and use of a single-family residence and are located landward of the ordinary high water mark including, but not limited to, garages, decks, driveways and serving utility systems. (Ord. 929 Ch. 5, 1995).

17.20.1790 Other advertising structure.

“Other advertising structure” means any marquee, canopy, awning, or street clock as further defined in this code. (Ord. 929 Ch. 5, 1995).

17.20.1795 Outdoor sale.

“Outdoor sale” means the selling of any goods, material, merchandise, or vehicles for more than 24 consecutive hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way. The display of said goods, material, merchandise, or vehicles shall, for the purpose of this code, constitute a sale. (Ord. 929 Ch. 5, 1995).

17.20.1800 Overlay zone.

“Overlay zone” means a zoning district that encompasses one or more underlying zones and that imposes additional requirements beyond that required by the underlying zone. (Ord. 929 Ch. 5, 1995).

17.20.1805 Parcel.

“Parcel” means a continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons. (Ord. 929 Ch. 5, 1995).

17.20.1810 Park, public.

“Public park” means an area that may be improved for the purpose of providing public access in a manner consistent with the preservation of its recreational, educational, cultural, historical, or aesthetic qualities. (Ord. 929 Ch. 5, 1995).

17.20.1815 Parking lot and/or garage.

“Parking lot and/or garage” means off-street facility used for the storage or parking of four or more motor vehicles to provide an accessory service to a commercial, industrial, public or residential use. (Ord. 929 Ch. 5, 1995).

17.20.1820 Parking space.

“Parking space” means an area of not less than 8.5 feet wide by 18 feet long, for each automobile or motor vehicle, such space being exclusive of necessary driving aisles, entrances, or exits, and being fully accessible for the storage or parking of permitted vehicles. (Ord. 929 Ch. 5, 1995).

17.20.1825 Parking structure.

“Parking structure” means a stand-alone structure used for the storage or parking of motor vehicles. The footprint of a parking structure will be included in the calculation of lot coverage. (Ord. 929 Ch. 5, 1995).

17.20.1827 Party of record.

“Party of record” means a person, group, or organization that is an applicant or has provided written comment or verbal testimony during a public hearing, or has requested in writing to be a party of record in a particular case. (Ord. 1110 § 3, 2002).

17.20.1830 Performance bond or guarantee.

“Performance bond or guarantee” means a financial device to insure that all improvements, facilities, or work required by this code will be completed in compliance with the approved plans and specifications of a development. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1835 Permit.

“Permit” means any license, certificate, approval, or other entitlement for use granted by any public agency. (Ord. 929 Ch. 5, 1995).

17.20.1836 Permit, major development.

“Major development permit” means any building, grading, or site development permit necessary to develop a major project as defined by the threshold table in SMC 17.80.030(4). (Ord. 1110 § 3, 2002).

17.20.1837 Permit, minor development.

“Minor development permit” means any building, grading, or site development permit necessary to develop a minor project as defined by SMC 17.80.070. (Ord. 1110 § 3, 2002).

17.20.1840 Permittee.

“Permittee” means a person receiving any permit pursuant to the provisions of this code. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995. Formerly 17.20.1845).

17.20.1845 Person.

“Person” means any individual, organization, partnership, association, corporation, or other entity, including any utility, the city of Stanwood, the governments of Snohomish County or the state of Washington, the government of the United States, any department, agency, board, authority, or commission of such governments, and any officer or governing or managing body of any of the foregoing. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995. Formerly 17.20.1840).

17.20.1850 Personal service.

“Personal service” means a land use devoted primarily to non-office services, including beauty parlors, shops or salons; barbershops; reducing or slenderizing studios; electrolysis services; manicurists; and the like. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1855 Physical or natural sciences.

“Physical or natural sciences” means one of the sciences dealing with inanimate matter or natural resources. For the purposes of this code, this term shall include, but not be limited to, forestry, geography, ecology, biology, wildlife biology, fisheries biology, geology, engineering, architecture, landscape architec

ture, soil science, horticulture and agronomy. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1860 Planned residential development.

“Planned residential development” means land under unified control to be planned and developed as a whole in a single development operation or a programmed series of development operations or phases. A planned residential development generally has uses including residential and recreational that are designed to be in a harmonious relationship with each other. Such a development is built according to specific plans that include not only streets, utilities, lots, and building locations, but also site plans for all buildings that are intended to be located, constructed, used and related to each other and plans for other uses and improvements on the land as related to the buildings. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1865 Planning commission.

“Planning commission” means that agency established by the council as provided in Chapters 35.63 or 35A.63 RCW, and as hereafter amended. (Ord. 929 Ch. 5, 1995).

17.20.1870 Plant communities.

“Plant communities” means a natural association of plants that are dominated by one or more prominent species. (Ord. 929 Ch. 5, 1995).

17.20.1875 Plant nursery.

“Plant nursery” means an enterprise, establishment, or portion thereof that conducts the retailing or wholesaling of plants grown on the site, as well as accessory items (but not farm implements) directly related to their care and maintenance. The accessory items normally sold include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes, and shovels. (Ord. 929 Ch. 5, 1995).

17.20.1880 Plat.

“Plat” means a map, plan, or layout of a subdivision of land, indicating the location and boundaries of individual properties. (Ord. 929 Ch. 5, 1995).

17.20.1885 Plat, final.

“Final plat” means that map, plan, or layout of a subdivision of land which is filed after completing the improvements, accompanied by certifications that the improvements have been satisfactorily completed and are recorded with the auditor, and showing all elements required by this code and the RCW. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1890 Plat, preliminary.

“Preliminary plat” means an approximate drawing showing the layout of a proposed subdivision, including streets, alleys, lots and open space, and containing all elements required by this code. The preliminary plat shall be the basis for the approval or disapproval of the final plat. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1895 Plot.

“Plot” means a parcel of ground containing more than one lot upon which a building and its accessory buildings have been or may be erected. (Ord. 929 Ch. 5, 1995).

17.20.1900 Potable water.

“Potable water” means water that is intended for drinking, cooking, or domestic purposes, subject to compliance with state or federal drinking water standards. (Ord. 929 Ch. 5, 1995).

17.20.1905 Preliminary approval.

“Preliminary approval” means the official action taken on a preliminary plat, subdivision, project or dedication by the city. The applicant shall be entitled to final approval when all conditions attached to the preliminary approval are met or improvements have been provided. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.1910 Preschool facility.

“Preschool facility” means an educational center or establishment, including a kindergarten, that provides primarily instruction, supplemented by daytime care, for four or more children between the ages of two and five years, and which operates on a regular basis. (Ord. 929 Ch. 5, 1995).

17.20.1915 Preserve areas.

“Preserve areas” means areas restricted for the protection and preservation of natural or cultural resources. (Ord. 929 Ch. 5, 1995).

17.20.1920 Premises.

“Premises” means land and all buildings and structures thereon. (Ord. 929 Ch. 5, 1995).

17.20.1925 Primary association.

“Primary association” means a habitat area by critical species for rearing young, roosting, feeding, or foraging on a regular basis during the appropriate season. (Ord. 929 Ch. 5, 1995).

17.20.1927 Priority habitat.

“Priority habitat” means habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element (WAC 173-26-020(34)). (Ord. 1164 § 4, 2004).

17.20.1930 Private.

“Private” means noncommercial use by the occupant and guests of the occupant. (Ord. 929 Ch. 5, 1995).

17.20.1935 Private clubs.

“Private clubs” means organizations that are privately owned and operated by their members and not operated for profit, and which maintain recreational, dining, and/or athletic facilities for the exclusive use of the members and their guests and uses accessory or incidental thereto. (Ord. 929 Ch. 5, 1995).

17.20.1940 Private parking.

“Private parking” means parking facilities for the noncommercial use of the occupant and guests of the occupant, which includes garages and carports as long as dimensional requirements of off-street parking are met. (Ord. 929 Ch. 5, 1995).

17.20.1945 Private road.

“Private road” means that easement or parcel created to provide the access from a city road to short platted lots, the maintenance of which is to be the responsibility of the lot owners. (Ord. 929 Ch. 5, 1995).

17.20.1950 Professional office.

“Professional office” means the office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon. (Ord. 929 Ch. 5, 1995).

17.20.1955 Professional service.

“Professional service” means the conduct of business in any of the following related categories: advertising, architecture, landscape architecture, engineering, planning, law, medicine, music, art, interior design, dentistry, accounting, insurance, real estate, finance and securities investments, and any similar type business. (Ord. 929 Ch. 5, 1995).

17.20.1960 Public assembly, place of.

“Place of public assembly” means any area, building or structure where large numbers of individuals meet or collect to participate or to observe programs of participation. Places of public assembly shall include theaters, auditoriums, gymnasiums, stadiums, houses of worship, or comparable facilities. (Ord. 929 Ch. 5, 1995).

17.20.1965 Public agency.

“Public agency” means the government of the United States, the governments of the state of Washington, Snohomish County, the city of Stanwood, or any department, agency, board, authority, or commission of these governments, and any officer or governing or managing body of any of the foregoing. (Ord. 929 Ch. 5, 1995).

17.20.1970 Public building.

“Public building” means any building held, used, or controlled exclusively for public purposes by any department or branch of government without reference to the ownership of the building or of the realty upon which it is situated. (Ord. 929 Ch. 5, 1995).

17.20.1975 Public highways.

“Public highways” means every way, lane, road, street, and boulevard, and every way or place in the state open as a matter of right to public vehicular travel both inside and outside the limits of cities and towns, and includes community arterials, neighborhood streets and residential streets, some of which may or may not be portions of the primary or secondary highway system of the state. (Ord. 929 Ch. 5, 1995).

17.20.1980 Public improvement.

“Public improvement” means any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility, and energy services. (Ord. 929 Ch. 5, 1995).

17.20.1985 Public notice.

“Public notice” means the legal advertisement given of an action or proposed action of the city of Stanwood or its designee. (Ord. 929 Ch. 5, 1995).

17.20.1990 Public use.

“Public use” means the use of any land, water, or building by a public agency for the general public, or by the public itself. (Ord. 929 Ch. 5, 1995).

17.20.1995 Public utility.

“Public utility” means any person, firm, corporation, governmental department, or board duly authorized under government regulations to furnish electricity, gas, communications, transportation, or water to the public. (Ord. 929 Ch. 5, 1995).

17.20.1998 Qualified professional.

“Qualified professional” means a person with experience and training in a field that is applicable to the work to be performed by this person. For critical areas studies, a qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or related field, and two years of relevant work experience. A qualified professional for a geological hazard must be a professional engineer or geologist, licensed in the state of Washington. (Ord. 1164 § 4, 2004).

17.20.2000 Quarrying and associated activities.

“Quarrying and associated activities” means operations that primarily involve surface mining or quarrying of nonmetallic minerals such as dimension stone, crushed and broken stone, including riprap, and sand and gravel pits. Primary preparation plants of quarried material for construction and other special uses are also included in this definition. (Ord. 929 Ch. 5, 1995).

17.20.2005 Ramp.

“Ramp” means a structure (usually a paved surface) that facilitates the placement into or removal from the water of small boats capable of being carried on a trailer which is pulled by another vehicle. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2010 Recreation areas or facilities.

“Recreation areas or facilities” means any privately or publicly owned passive or active park, playground, sports field, access easement, beach, or other recreation area. (Ord. 929 Ch. 5, 1995).

17.20.2015 Recreational vehicle (RV).

(1) For purposes of Chapter 17.120 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, “recreational vehicle” means a vehicle:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(2) Except for purposes of Chapter 17.120 SMC, Critical Areas – Frequently Flooded Areas – Specific Standards, “recreational vehicle (RV)” means a vehicular type unit designed for recreational camping or travel uses, with or without motive power. This definition includes vehicles such as travel trailers, camping trailers, truck campers, motor homes, boats, all terrain vehicles (ATVs), motorcycles and jet skis. A recreational vehicle is not a mobile/manufactured home. (Ord. 1250 § 5, 2009; Ord. 929 Ch. 5, 1995).

17.20.2020 Recreation vehicle park.

“Recreation vehicle park” means land under unified control and single ownership designed and improved to accommodate the temporary parking of two or more recreation vehicles. The term shall include campgrounds when designed to accommodate travel trailers, but does not include land zoned and used for the display or sale of travel trailers. For the purpose of this definition, “temporary parking” shall mean placement of a recreation vehicle on a single site for 180 days or less in any 12-month period. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2025 Related project.

“Related project” means any project that is existing, under construction, or for which permits have been sought, an impact or impacts of which may add to or change an impact or impacts of a development proposal under consideration. A related project need not be owned or operated or operated in common with the development proposal under consideration. (Ord. 929 Ch. 5, 1995).

17.20.2030 Remediation.

“Remediation” means the cleanup of contamination and restoration to some acceptable level. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2035 Requirements (water quality).

Repealed by Ord. 1110. (Ord. 929 Ch. 5, 1995).

17.20.2040 Reserve strip.

“Reserve strip” means a parcel of land typically located at the edge of a subdivision, the purpose of which is to restrict access from the end or side of a street. (Ord. 929 Ch. 5, 1995).

17.20.2045 Residential treatment facility.

“Residential treatment facility” means a facility that provides both a residence (for varying periods of time) and a care component. Among such facilities are group care homes, emergency or homeless shelters (including victims of violence), recovery homes, and nursing homes, rest and convalescent homes, and orphanages. In such a facility service, equipment, and safety features necessary for the proper care of residents is normally provided. Such services may include: (1) supervision and assistance in dressing, bathing, and in the maintenance of good personal hygiene; (2) care in emergencies or during temporary illness, usually for periods of one week or less; (3) supervision in the taking of medication; and (4) other services conducive to the residents’ welfare. (Ord. 929 Ch. 5, 1995).

17.20.2050 Residential use.

“Residential use” means use of land or structure thereon, or portion thereof, as a dwelling place for one or more families or households, but not including occupancy of a transient nature such as in hotels, motels, or time-sharing condominium uses. (Ord. 929 Ch. 5, 1995).

17.20.2055 Resort.

“Resort” means a hotel that serves as a destination point for visitors. A resort generally provides recreational facilities for paying guests on vacation. A resort shall be self-contained and provide personal services customarily furnished at hotels, including the serving of meals. (Ord. 929 Ch. 5, 1995).

17.20.2058 Restoration.

“Restoration” means measures taken to restore an altered or damaged natural feature including:

(1) Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and

(2) Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. (Ord. 1164 § 4, 2004).

17.20.2060 Retail food establishment.

“Retail food establishment” means any fixed or mobile place or facility at or in which food or beverages are offered or prepared for retail sale or for service. The definition includes restaurants, fast food restaurants, carry out restaurants and drive-in restaurants. A cafeteria shall be deemed a restaurant for purposes of this code.

(1) Restaurant. An establishment whose primary business is the sale of food and beverages to patrons for consumption on the premises and whose method of operation includes any of the following:

(a) Patrons place their order at their table from which displays (menus) describe the food and beverage available to them.

(b) Preparation, service and consumption of food and beverages takes place within a completely enclosed building, accommodating at least 50 percent of the establishment’s permitted seating capacity.

(c) Outside table dining is permitted in areas permanently designated for such use, and shall not exceed 50 percent of the establishment’s permitted seating capacity, shall be in keeping with the exterior architectural theme of the building, and in no way shall permit the consumption of food or beverages within automobiles.

(d) Food and beverages are regularly served to patrons while seated at their table by an employee of the establishment.

(2) Fast Food Restaurant. Any establishment whose principal business is sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises, and whose design or principal method of operation includes any of the following characteristics:

(a) Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.

(b) Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.

(c) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restaurateur.

(d) The kitchen is in excess of 50 percent of the total floor area.

(3) Drive-In Restaurant. Any establishment where provision is made on the premises for the sale of foods, frozen desserts or beverages to the consumer in automobiles or primarily within a completely enclosed building accommodating at least 90 percent of the establishment’s permitted seating capacity and whose design, method of operation, or any portion of whose business includes any of the following characteristics:

(a) Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.

(b) Foods, frozen desserts, or beverages may be served directly to the customer in a motor vehicle by any means that eliminates the need for the customer to exit the motor vehicle.

(c) The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is permitted.

(d) The kitchen is in excess of 50 percent of the total floor area.

A restaurant that provides drive-in facilities of any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for purposes of this title.

(4) Carry-Out Restaurant. Any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes any of the following characteristics:

(a) Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.

(b) Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.

(d) The kitchen is in excess of 50 percent of the total floor area.

(5) Catering Service. Any establishment whose principal business is the sale and delivery of food, beverages, and services to the customer in a ready-to-consume state. Catering services may operate as a home occupation. Hotel food service operations and restaurants may operate as catering services. (Ord. 929 Ch. 5, 1995).

17.20.2065 Retail sales area.

“Retail sales area” means the area in square feet devoted exclusively for the sale or display of goods or commodities. (Ord. 929 Ch. 5, 1995).

17.20.2070 Retail trade.

“Retail trade” means establishments primarily engaged in providing finished products to individual consumers. Retail trade establishments may include, but is not limited to, apparel, books, groceries, camera shops, convenience stores and automobile service stations. (Ord. 929 Ch. 5, 1995).

17.20.2075 Retirement home.

“Retirement home” means a place of residence for several families or individuals, which may feature services such as limited nursing facilities, minimum maintenance living accommodations and recreation programs and facilities. (Ord. 929 Ch. 5, 1995).

17.20.2080 Right-of-way.

“Right-of-way” means a street, alley, or other thoroughfare or easement, whether physically accessible or not, that has been permanently established or dedicated for the passage of persons or vehicles. Title to this land remains with the public or private agency until the need no longer exists. (Ord. 929 Ch. 5, 1995).

17.20.2083 Rill.

“Rill” means a steep-sided channel resulting from accelerated erosion. A rill is generally a few inches deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes, particularly steep slopes with poor vegetative cover. (Ord. 1164 § 4, 2004).

17.20.2084 Riparian habitat.

“Riparian habitat” means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities. (Ord. 1164 § 4, 2004).

17.20.2085 Riparian wetlands.

“Riparian wetlands” means those wetlands that are located within 100 feet of the ordinary high water mark of a river or stream and are not hydrologically isolated from the river or stream. (Ord. 929 Ch. 5, 1995).

17.20.2090 Road, private.

“Private road” means an easement or parcel created to provide access from a right-of-way to a lot, the maintenance of which shall be the responsibility of the lot owners having access thereto. (Ord. 929 Ch. 5, 1995).

17.20.2095 Salmonid.

“Salmonid” means a member of the fish family salmonidae including: chinook, coho, chum, sockeye, and pink salmon; rainbow, steelhead, searun cutthroat, cutthroat trout, brown and bull trout; brook and Dolly Varden char; kokanee and whitefish. (Ord. 929 Ch. 5, 1995).

17.20.2100 Scenic corridor.

“Scenic corridor” means any strip of land adjacent to public roadways that is visible to the motoring public and has natural aesthetic significance. (Ord. 929 Ch. 5, 1995).

17.20.2105 Scenic easement.

“Scenic easement” means an easement, the purpose of which is to limit development or protect a view or scenic area. (Ord. 929 Ch. 5, 1995).

17.20.2110 School.

“School” means a place for systematic instruction in any branch or branches of knowledge. (Ord. 929 Ch. 5, 1995).

17.20.2115 Schools, other.

“Other schools” means places for systematic instruction, to include trade, vocational/technical, art, music, dance, and business schools or similar type institutions. (Ord. 929 Ch. 5, 1995).

17.20.2120 School, elementary.

“Elementary school” means any school, public or private, intended for the education of children from kindergarten through the fifth grade. (Ord. 929 Ch. 5, 1995).

17.20.2125 School, high.

“High school” means any school, public or private, intended for the education of children from the ninth through the twelfth grade. (Ord. 929 Ch. 5, 1995).

17.20.2130 School, middle.

“Middle school” means any school, public or private, intended for the education of children from the sixth through eighth grade. (Ord. 929 Ch. 5, 1995).

17.20.2135 Screening.

“Screening” means a device or materials used to conceal adjacent land or development. Screening may include walls, berms, or vegetation that must be of sufficient density to block the view of adjacent land or development from either side of the screen. The screen, if vegetative, shall be planted and maintained to completely block the view of adjacent land or development after 12 months. The screen shall be maintained or constructed at such a density as to block the view to adjacent properties. (Ord. 929 Ch. 5, 1995).

17.20.2137 Scrub-shrub wetland.

“Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata. (Ord. 1164 § 4, 2004).

17.20.2140 Seating capacity.

“Seating capacity” means the actual number of people that can be accommodated in an area based upon the number of seats, or one seat per 20 inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined by the building code of the city of Stanwood. (Ord. 929 Ch. 5, 1995).

17.20.2143 Seminary.

“Seminary” means an educational institution for religious study. (Ord. 1123 § 2, 2002).

17.20.2145 Setback.

“Setback” means the horizontal distance between the front line, sideline, or rear line of the building site to the front, side, or rear of the building or structure, respectively. Setbacks shall be measured perpendicular to and parallel with property or right-of-way lines and footprint of the building or structure. Where any building or structure is not built parallel to any property line, the setback distance shall be measured perpendicular from that part of the building or structure which is closest to the relevant property line. The front, rear and side yard setbacks established for the various uses in the different zoning districts in this code are the lines beyond which no part of a building may project, except as may be otherwise provided in this code. (Ord. 929 Ch. 5, 1995).

17.20.2150 Shopping center.

“Shopping center” means a group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit related in its location, size and type of shops to the trade area which the unit serves. (Ord. 929 Ch. 5, 1995).

17.20.2155 Shorelines of statewide significance.

“Shorelines of statewide significance” partially or completely within the city means the following shorelines:

(1) Those areas of Puget Sound and adjacent salt waters between the ordinary high water mark and the line of extreme low tide from Brown Point to Yokeko Point;

(2) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and laying seaward from the line of extreme low tide; and

(3) Those natural rivers or segments thereof west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at 1,000 cubic feet per second (cfs) or more, except wetlands lying more than 200 feet from the high water line of the Stillaguamish River. (Ord. 929 Ch. 5, 1995).

17.20.2160 Short plat.

“Short plat” means the map or representation of a short subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions. (Ord. 929 Ch. 5, 1995).

17.20.2165 Short subdivision.

“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of gift sale, lease or development. (Ord. 929 Ch. 5, 1995).

17.20.2170 Sidewalk.

“Sidewalk” means that portion of a transition strip improved for pedestrian traffic in accordance with standards fixed by the public works director. “Transitions strip” means that portion of the public street abutting a tract of land lying between the traveled portion of the street and the property lines. (Ord. 929 Ch. 5, 1995).

17.20.2175 Sign.

“Sign” means any writing, pictorial representation, illustration, emblem, symbol, design or other figure of similar character which is a structure or a part represented on a building or other structure, and is placed out of doors in view of the general public and is used for purposes of advertisement, announcement, declaration, demonstration, display, identification or expression. (Ord. 929 Ch. 5, 1995).

17.20.2180 Sign, business.

“Business sign” means a sign that directs attention to a business, commodity, service or activity conducted or offered upon the premises where the sign is located. (Ord. 929 Ch. 5, 1995).

17.20.2185 Sign face.

“Sign face” means the portion of a sign that is or may be used for copy. (Ord. 929 Ch. 5, 1995).

17.20.2187 Sign, freestanding.

“Freestanding sign” means a sign that is detached from any building and has one or more supports directly upon the ground, with space between the ground and the sign. (Ord. 1094 § 1, 2000)

17.20.2190 Sign, gross area.

The “gross area” of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such a sign. However, such perimeter shall not include any structural elements lying outside the limits of such a sign and not forming an integral part of the display. (Ord. 929 Ch. 5, 1995).

17.20.2195 Sign, ground.

“Ground sign” means a sign supported by uprights or braces placed on or in the ground and not attached in any manner to a building or structure. (Ord. 929 Ch. 5, 1995).

17.20.2200 Sign, group.

“Group sign” means a sign or signs on one sign structure serving two or more businesses sharing a parking facility. (Ord. 929 Ch. 5, 1995).

17.20.2205 Sign, identification.

“Identification sign” means a sign on the premises bearing the name of a residential development, the name of a group housing project or of a school, college, park, church or other public or quasi-public facility, or a professional or firm nameplate, and bearing information identifying, but not describing, occupancy of the premises on which such sign is located. (Ord. 929 Ch. 5, 1995).

17.20.2208 Sign, monument.

“Monument sign” means a sign detached from any building that is supported upon the ground by a solid base with no opening between the base and the sign. (Ord. 1094 § 1, 2000).

17.20.2210 Sign, occupancy.

“Occupancy sign” means a sign on the premises bearing the name or address of the piece of property, the name of the owner or resident, and/or any permitted home occupation, and bearing information pertaining only to the premises on which such sign is located. (Ord. 929 Ch. 5, 1995).

17.20.2215 Sign, outdoor advertising.

“Outdoor advertising sign” means any card, cloth, paper, metal, painted, glass, wooden, plaster, stone, or other sign of any kind or character, placed for outdoor advertising purposes on the ground or on any tree, wall, rock, post, fence, bush, building, structure, or thing whatsoever. The term “placed” as used in the definition of “outdoor advertising sign” and “outdoor advertising structure” shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing, or making visible in any manner. (Ord. 929 Ch. 5, 1995).

17.20.2220 Sign, projecting.

“Projecting sign” means a sign other than a wall sign that is attached to and projects from a building. (Ord. 929 Ch. 5, 1995).

17.20.2223 Sign, readerboard.

“Readerboard sign” means a sign with a face that allows changeable text. (Ord. 1094 § 1, 2000).

17.20.2225 Sign structure.

“Sign structure” means any construction used or designated to support a sign. (Ord. 929 Ch. 5, 1995).

17.20.2230 Sign, temporary.

“Temporary sign” means any sign, banner, pennant, or other advertising display constructed of cloth canvas, light fabric, cardboard, wallboard, or other light material, with or without frames, intended to be displayed for a limited period of time. (Ord. 929 Ch. 5, 1995).

17.20.2235 Significant natural area.

“Significant natural area” means land and/or water areas of major environmental value, including fish or wildlife habitat areas, valuable biological or natural productivity areas, and unique or fragile ecological units or ecosystems that require special treatment and protection. (Ord. 929 Ch. 5, 1995).

17.20.2237 Significant tree.

“Significant tree” means an existing, healthy tree which, when measured four and one-half feet above grade, has a minimum diameter of eight inches, as measured according to the International Society of Arboriculture’s “Guide for Plant Appraisal,” most recent edition. (Ord. 1110 § 3, 2002).

17.20.2240 Single owner.

“Single owner” means a person who or entity which alone has legal or equitable title to any property in question. (Ord. 929 Ch. 5, 1995).

17.20.2245 Site plan.

“Site plan” means a graphic and textual presentation of a development proposal in accordance with the appropriate sections of this code. (Ord. 929 Ch. 5, 1995).

17.20.2250 Slaughterhouse.

“Slaughterhouse” means an establishment where animals are butchered for market. (Ord. 929 Ch. 5, 1995).

17.20.2255 Slum.

“Slum” means a building or area that is unkempt, deteriorating, hazardous, unsanitary, or lacking in standard facilities, including electricity, potable water and sanitary sewerage facilities. (Ord. 929 Ch. 5, 1995).

17.20.2260 Small animal husbandry (commercial).

“Small animal husbandry (commercial)” means the raising of mink, fox, nutria, rabbits, pigs, sheep, goats, chickens, turkeys, guinea hens and similar small animals and fowl not for the primary consumption of or use by the occupants of the premises. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2265 Small animal husbandry (noncommercial).

“Small animal husbandry (noncommercial)” means the raising of small animals for the primary consumption of or used by the occupants of the premises. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2270 Smokescope.

“Smokescope” means an optical instrument specifically designed for estimating the density of smoke or stack effluent. (Ord. 929 Ch. 5, 1995).

17.20.2275 Soil.

“Soil” means the surface layer of the earth, supporting plant life. (Ord. 929 Ch. 5, 1995).

17.20.2280 Soil removal.

“Soil removal” means removal of any kind of soil or earth matter, including top soil, sand, gravel, clay, rock or similar materials or combination thereof, except for the purposes of common household gardening or maintenance. (Ord. 929 Ch. 5, 1995).

17.20.2285 Sole source aquifer.

“Sole source aquifer” means a groundwater resource so designated by the Environmental Protection Agency. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2287 Special use.

“Special use” means a use permitted in one or more districts, but because of special characteristics peculiar to the use of the site requires a special degree of control to make such uses consistent with and compatible to other existing or permitted uses. (Ord. 1252 § 1, 2009; Ord. 929 Ch. 5, 1995. Formerly 17.20.2290).

17.20.2290 Specialty food store.

“Specialty food store” means a food store of less than 10,000 square feet primarily engaged in selling foodstuffs associated with a particular nationality, religious observance, dietary practice, or cuisine. (Ord. 1252 § 2, 2009).

17.20.2291 Species.

“Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community. (Ord. 1164 § 4, 2004).

17.20.2292 Species, endangered.

“Species, endangered” means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species. (Ord. 1164 § 4, 2004).

17.20.2293 Species of local importance.

“Species of local importance” means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species. (Ord. 1164 § 4, 2004).

17.20.2294 Species, priority.

“Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance. (Ord. 1164 § 4, 2004).

17.20.2295 Species, threatened.

“Species, threatened” means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species. (Ord. 1164 § 4, 2004).

17.20.2297 Spill.

“Spill” means the unpermitted release or escape of a regulated substance directly or indirectly to soils, surface waters, or groundwaters. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995. Formerly 17.20.2295).

17.20.2300 Standards (groundwater).

“Standards (groundwater)” means standards established by EPA regulations and/or state of Washington regulations, which are represented by health-based numbers such as the maximum contaminant levels (MCL). (Ord. 929 Ch. 5, 1995).

17.20.2302 Start of construction.

“Start of construction” means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means either the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (Ord. 1250 § 6, 2009).

17.20.2305 Storage, outside or outdoor.

“Outside storage” or “outdoor storage” means the safekeeping of any goods or products in an unoccupied space, open to the sky, for eventual removal not expected within 72 hours or for continuous replacement by same or similar goods or products. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2310 Story.

“Story” means that portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. A mezzanine shall be deemed a full story when it covers more than 33 percent of the area of the story underneath said mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more. (Ord. 929 Ch. 5, 1995).

17.20.2315 Story, first.

“First story” means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story; provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point. (Ord. 929 Ch. 5, 1995).

17.20.2320 Stream.

“Stream” means water contained within a channel, either perennial or intermittent, and classified according to WAC 222-16-030 and as listed under water typing system. Streams also include 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. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.2322 Stream typing system.

“Stream typing system” means classification of streams according to WAC 222-16-031 as listed under SMC 17.125.050. (Ord. 1164 § 4, 2004).

17.20.2325 Street.

“Street” means a public thoroughfare which provides the principal means of access to abutting properties including an avenue, drive, boulevard, parkway, highway and any similar way, but not including an alley. (Ord. 929 Ch. 5, 1995).

17.20.2330 Street line.

“Street line” means the dividing line between any street, road or other thoroughfare and the adjacent lots. (Ord. 929 Ch. 5, 1995).

17.20.2335 Street, public.

“Public street” means a street affording the principal means of access to abutting property, and dedicated to or maintained by the city of Stanwood, Snohomish County, or the state of Washington. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2340 Structural alteration.

“Structural alteration” means any material or dimensional changes in the structural elements of a building such as bearing walls, columns, beams, and roofs. (Ord. 929 Ch. 5, 1995).

17.20.2345 Structural trim.

“Structural trim” means the molding, battens, capping, nailing strips, latticing, and platforms that are attached to a sign structure. (Ord. 929 Ch. 5, 1995).

17.20.2350 Structure.

“Structure” means anything constructed or erected that requires permanent location on the ground or attachment to something having location. A building is always a structure; a structure may or may not be a building. (For the purposes of this code, the term “structure” shall not be construed to include any roadway, driveway, at-grade paved parking lots, patio or courtyard, or any other paved surface, or swimming pool.) (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2355 Subdivider.

“Subdivider” means any person, firm or corporation proposing to make, or have made, a subdivision. (Ord. 929 Ch. 5, 1995).

17.20.2360 Subdivision.

“Subdivision” means the division of land into five or more lots, tract parcels, sites or other divisions of land for the purpose of transfer, sale, or lease and includes all resubdivision of land. The division of land shall be cumulative over any period of time. This definition applies whether or not a dedication is involved. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2365 Substantial expenditure.

“Substantial expenditure,” with regard to projects that have been approved for development under the terms of this code, shall constitute at least 10 percent of the total, expected cost to complete the project as it was approved. The total expected cost shall be derived from the cost figures used in the application for the building permit for the project, less the cost of the land. (Ord. 929 Ch. 5, 1995).

17.20.2370 Substantial improvement.

“Substantial improvement” means any combination of repairs, reconstruction, alteration, or improvements to a structure taking place during the life of a structure, in which the cumulative cost equals or exceeds 50 percent of the assessed value of the structure. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. (Ord. 929 Ch. 5, 1995).

17.20.2375 Surface water.

“Surface water” means waters that flow over the land surface and frequently interact with groundwater. (Ord. 929 Ch. 5, 1995).

17.20.2380 Swimming pool.

“Swimming pool” means any in-ground or above-ground structure designed for swimming, wading or other aquatic recreational purposes. (Ord. 929 Ch. 5, 1995).

17.20.2385 Tavern.

“Tavern” means a building where beer and/or wine is served to the public, which holds a class “A” or “B” license from the Washington State Liquor Control Board. (Ord. 929 Ch. 5, 1995).

17.20.2390 Technical review.

“Technical review” means that review meeting conducted by the planning director, public works director, or their designee(s) with the applicant and other personnel, when reports, studies and other information are completed to inform the applicant of mitigative measures or other project issues that need to be addressed prior to approval. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2395 Temporary building or structure.

“Temporary building or structure” means a building or structure not having or requiring permanent attachment to the ground or to other structures which have no required permanent attachment to the ground. (Ord. 929 Ch. 5, 1995).

17.20.2400 Theater.

“Theater” means a building or part of a building, devoted to showing motion pictures, or for dramatic, musical, or live performances. (Ord. 929 Ch. 5, 1995).

17.20.2405 Toe of slope.

“Toe of slope” means the point on a slope above which is not a landslide area and below which is a landslide hazard area. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.2410 Top of slope.

“Top of slope” means the point on a slope above which is a landslide hazard area and below which is not a landslide hazard area. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.2415 Topography.

“Topography” means, on a map, accurately drawn lines that represent particular and consistent elevation levels on the land area depicted on said drawing; also, the actual physical surface’s relief characteristics. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2420 Tour bus lot.

“Tour bus lot” means a paved parking area provided at hotels, various shopping areas, and tourist attractions for the accommodation of tour buses. Each parking space for a tour bus shall be 12 feet wide and 50 feet long, with appropriate additional space to accommodate all turning and maneuvering needs in a safe and efficient manner. A tour bus lot shall not be construed to include the overnight parking and/or storage for these vehicles, nor shall this definition include the cleaning or maintenance area for tour buses. (Ord. 929 Ch. 5, 1995).

17.20.2425 Tower.

“Tower” means any structure whose principal function is to support an antenna, or has been built to store water or to provide air traffic control services, or is used in the recreational activity known as “bungee jumping.” (Ord. 929 Ch. 5, 1995).

17.20.2430 Townhouse or rowhouse.

“Townhouse or rowhouse” means a dwelling unit designed exclusively for occupancy by one family, no portion of which lies vertically under or over any portion of an adjacent unit, and which is attached to one or more other dwelling units by common walls which may be located on side lot lines. (Ord. 929 Ch. 5, 1995).

17.20.2435 Tract.

“Tract” means an area of land. This term is used interchangeably with the term “lot” or “block,” particularly in the context of subdivisions, where one “tract” may be subdivided into several lots or blocks. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2437 Traditional neighborhood.

“Traditional neighborhood” means a development that incorporates a range of uses, housing options, and transportation options that historically might have developed in a neighborhood before the advent of typical single-use, auto-oriented subdivisions. (Ord. 1251 § 4, 2009).

17.20.2440 Travel trailer.

“Travel trailer” means a vehicle with or without motor power primarily designed as temporary living quarters for recreational, camping, or travel use, and in which the plumbing, heating, and electrical systems contained therein may be operated without connection to outside utilities, being of such size or weight as not to require a special highway movement permit. The term shall include truck campers. (Ord. 929 Ch. 5, 1995).

17.20.2445 Trailer.

“Trailer” means a separate vehicle, not driven or propelled by its own power, but drawn by some independent power, to include any portable or movable structure or vehicle including trailers designed for living quarters, offices, storage, or for moving or hauling freight, equipment, animals, or merchandise of any kind, including boats, boat trailers, jet skis, half tracks, snowmobiles, and the like. (Ord. 929 Ch. 5, 1995).

17.20.2450 Treasurer.

“Treasurer” means the treasurer of Snohomish County, Washington. (Ord. 929 Ch. 5, 1995).

17.20.2455 Trip.

“Trip” means a single or one-way vehicle movement. (Ord. 929 Ch. 5, 1995).

17.20.2460 Trip end.

“Trip end” means the origin or destination of a trip. Each trip has two ends that constitute a two-direction vehicle movement at the origin or destination of the trip. (Ord. 929 Ch. 5, 1995).

17.20.2465 Trip generation.

“Trip generation” means the total number of trip ends produced by a specific land use or activity. (Ord. 929 Ch. 5, 1995).

17.20.2470 Unstable slopes.

“Unstable slopes” means those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit, mass movement of earth. (Ord. 929 Ch. 5, 1995).

17.20.2475 Use.

“Use” means the purpose that land or building or structure now serves or for which it is occupied, maintained, arranged, designed or intended. (Ord. 929 Ch. 5, 1995).

17.20.2480 Use, principal.

“Principal use” means the main use of land or buildings as distinguished from a subordinate or accessory use. (Ord. 929 Ch. 5, 1995).

17.20.2485 Use, temporary.

“Temporary use” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure. (Ord. 929 Ch. 5, 1995).

17.20.2490 Utilities easements.

“Utilities easements” means rights-of-way that may be used by public utilities, including, but not limited to, electricity, water, natural gas, sewer, stormwater, telephone, and television cable for the construction, operation, maintenance, alteration, and repair of their respective facilities. (Ord. 1110 § 3, 2002; Ord. 929 Ch. 5, 1995).

17.20.2495 Variance.

“Variance” means an authorized modification of the regulations of this code when the literal application of the provisions contained herein would cause undue and unnecessary hardships in view of specific facts and conditions applying to a lot or lots. (Ord. 1084 § 3, 2000; Ord. 929 Ch. 5, 1995).

17.20.2500 Vehicle.

“Vehicle” means any self-propelled conveyance designed for and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, scooters, and recreational vehicles. (Ord. 929 Ch. 5, 1995).

17.20.2505 Vehicular use area.

“Vehicular use area” means that portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of internal traffic circulation areas, loading and unloading areas, and parking areas. (Ord. 929 Ch. 5, 1995).

17.20.2510 Veterinary hospital or clinic.

“Veterinary hospital or clinic” means a building used to provide health care services to animals. (Ord. 929 Ch. 5, 1995).

17.20.2515 Video sales and rental.

“Video sales and rental” means commercial establishments engaged in the sale and rental of video equipment, tapes and accessories for home entertainment. (Ord. 929 Ch. 5, 1995).

17.20.2520 Vulnerability.

“Vulnerability” means the degree to which groundwater may become contaminated, depending on the local hydrogeologic characteristics and amounts of potential contaminants present. (Ord. 929 Ch. 5, 1995).

17.20.2525 Warehouse.

“Warehouse” means a building used primarily for the storage of goods and materials. (Ord. 929 Ch. 5, 1995).

17.20.2530 Water body.

“Water body” means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands. (Ord. 929 Ch. 5, 1995).

17.20.2535 Watercourse.

“Watercourse” means a channel, natural or manmade, through which water flows either continuously or intermittently. (Ord. 929 Ch. 5, 1995).

17.20.2540 Water park.

“Water park” means a commercial recreational facility that contains a variety of water-oriented activities such as, but not limited to, water slides and swimming pools. Such facilities may be found in association with a larger recreational activity. (Ord. 929 Ch. 5, 1995).

17.20.2545 Watershed.

“Watershed” means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the state of Washington water resource inventory areas (WRIAs) as defined in Chapter 173-500 WAC. (Ord. 929 Ch. 5, 1995).

17.20.2550 Water table.

“Water table” means the surface between the vadose zone and the groundwater, that is the surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere. (Ord. 929 Ch. 5, 1995).

17.20.2555 Wetland class.

“Wetland class” means any of the wetland class designations described in Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al. 1979). Cowardin’s deep water and wetland classes include: rock bottom, unconsolidated bottom, aquatic bed, reef, rocky shore, unconsolidated shore, emergent wetland, scrub-shrub wetland, forested wetland, stream-bed and moss-lichen wetland. (Ord. 929 Ch. 5, 1995).

17.20.2560 Wetlands.

“Wetlands” means 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 adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. For identifying and delineating a regulated wetland, local government shall use the Washington State Wetland Identification and Delineation Manual. (Ord. 1164 § 4, 2004; Ord. 929 Ch. 5, 1995).

17.20.2565 Wholesale (trade).

“Wholesale (trade)” means the sale of goods or commodities usually in bulk or large quantities and usually at a lower cost to a retailer for resale. Such sales activity takes place in establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. (Ord. 929 Ch. 5, 1995).

17.20.2570 Working days.

The term “working days” is used as the unit of measure by which either the applicant/developer or a city of Stanwood agency must complete a specified action. “Working days” refer to all days of the week, except Saturday, Sunday, and all official city of Stanwood holidays. (Ord. 929 Ch. 5, 1995).

17.20.2575 Yard.

“Yard” means an open unoccupied space extending from the lot lines to the nearest point of a roofed building on the lot, unobstructed from the ground to the sky, except where specifically provided by this code. (Ord. 929 Ch. 5, 1995).

17.20.2580 Yard, front.

“Front yard” means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the principal building. (Ord. 929 Ch. 5, 1995).

17.20.2585 Yard, rear.

“Rear yard” means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. (Ord. 929 Ch. 5, 1995).

17.20.2590 Yard, side.

“Side yard” means a yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as the case may be, except that on a corner lot the side yard adjacent to a street shall extend the full depth of the lot. (Ord. 929 Ch. 5, 1995).

17.20.2595 Zero lot line home.

“Zero lot line home” means a residential development approach in which a building is sited on one or more lot lines with no yard area along these lot lines. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Zero lot line homes may only be built within the context of a zero lot line development. (Ord. 929 Ch. 5, 1995).

17.20.2600 Zone.

“Zone” means an area within which: certain uses of land and buildings are permitted and certain others are prohibited; yards and other open spaces are required; lot areas, building height limits, and other requirements are established. (Ord. 929 Ch. 5, 1995).