Division I
Chapter 17.04
TITLE, PURPOSE AND DEFINITIONS
Sections:
17.04.030 Declaration of purpose.
17.04.010 Short title.
This division shall be known and may be cited as the “zoning ordinance of the city of Brier.” (Ord. 20.M § 1.1, 1991)
17.04.020 Zoning map.
This division shall consist of the text herein and that certain map entitled Zoning Map of the City of Brier, which is kept on file at the office of the city clerk. Said map is by this reference incorporated herein and hereby made an integral part of this division.
This division and each and all of its terms are to be read and interpreted in the light of the commitments of said map or any duly adopted amendments. If any conflict should arise as between the map or the text of this division, the text of the division shall prevail. All other parts of the map shall continue in full force and effect. (Ord. 20.M § 1.2, 1991)
17.04.030 Declaration of purpose.
It is the declared purpose of the city council in adopting this division to provide rules and regulations for the use of land and buildings which are free from nuisance and physical hazard to serve the public health, safety and general welfare and security and to provide the environmental, economic and social advantages resulting from well-planned, orderly use of the land. (Ord. 20.M § 2, 1991)
17.04.040 Definitions.
For the purpose of this title, the following terms, phrases, words, and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
A. “A” Definitions.
“Accessory building” means a building, structure, or part of a building or other structure which is subordinate to and the use of which is incidental to that of the main building, structure or use of the same lot, including a private garage. If the building is attached to the main building by a common wall, such building shall be considered part of the main building rather than an accessory building.
“Adult family home” means a dwelling, licensed by the State of Washington Department of Social and Health Services, in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An existing adult family home may provide services to up to eight adults upon approval from the Department of Social and Health Services in accordance with RCW 70.128.066.
“Alteration” as applied to a building, structure, or other site improvements is any change or rearrangement in the structural parts or in the ingress-egress facilities or an enlargement, whether by demolition, extending on a side or by increasing in height, or the moving from one location or position to another, or a change in occupancy/occupancy classification.
B. “B” Definitions.
“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
“BMC” means the Brier Municipal Code.
“Building” means any structure built for the support, shelter or enclosure of persons, animals, mechanical devices, or chattels or property of any kind as defined in the International Building Code.
“Building area” means the part of a lot upon which a building may be erected and maintained without violating the setback requirements prescribed in this title.
“Building height” means the vertical distance from the lot grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the ridgeline of the highest gable of a pitched or hip roof.
“Building line” means a horizontal line that coincides with the front side of the main building.
C. “C” Definitions.
“Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications:
1. Level 1 is considered slow charging.
2. Level 2 is considered medium charging.
3. Level 3 is considered fast or rapid charging.
“Conditional use” means a use subject to specified conditions which may be permitted in one or more classifications as defined by this title.
D. “D” Definitions.
“Director” means the city’s mayor and/or the mayor’s designee.
“Dwelling unit” means a single unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, cooking, and sanitation. In no case shall the number of permanent occupants and temporary guests in a dwelling unit exceed one person per two hundred square feet of habitable space.
E. “E” Definitions.
“Electric vehicle” means any vehicle that operates either partially or exclusively on electrical energy from the grid, or an off-board source, that is stored on-board for motive purposes. “Electric vehicle” includes: (1) a battery electric vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric vehicle.
“Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is permitted outright as an accessory use to any principal use.
“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
“Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
“Emergency housing” means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or occupancy agreement.
“Emergency shelter” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.
F. “F” Definitions.
“Family” means an individual permanent occupant or group of permanent occupants sharing an entire dwelling as a single housekeeping unit which lives, cooks, and shares expenses together as the functional equivalent of a household.
“Family daycare provider” means a child care provider licensed by the state of Washington who regularly provides early childhood education and early learning services for twelve or fewer children, including children who reside at the dwelling unit, between birth through eleven years, for periods of less than twenty-four hours, where such services are provided in the dwelling unit of the licensed operator.
“Floor area” means the area included within the exterior walls of a building (or portion thereof), exclusive of vent shafts and interior courts.
“Foster home” means a dwelling unit in which a person is licensed by the state of Washington to provide regular twenty-four-hour care, room and board for six or fewer children or youth, not related by genetics, adoption, marriage, or civil union to the licensed person, within an age range of birth through twenty-one years, where such care is provided in the dwelling unit of the licensed person.
G. “G” Definitions.
“Group home” means a dwelling unit in which a person or entity is licensed by the state of Washington to provide group care, special care, room, board, and supervision for six or fewer children or youth, who are not related by genetics, adoption, marriage, or civil union to the licensed operator or care provider, within an age range of birth through twenty-one years, for periods of twenty-four hours or longer, where such care is provided in the dwelling unit of the licensed operator.
H. “H” Definitions.
“Habitable space” means the floor area in a dwelling unit for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage, garages, utility spaces, and similar areas are not considered habitable spaces.
“Home animal agriculture” is defined as producing livestock, small animals, and/or fowl or their products for home use or consumption including breeding, growing, caring, housing and product preparation where sales are incidental. Livestock, small animals, and/or fowl are as herein defined:
1. “Fowl” means domestic fowl normally raised for meat or eggs, including hens, turkeys, ducks, geese and other similar animals.
2. “Livestock” means horses, ponies, mules, jackasses, cattle, sheep, llamas, goats, swine, and other similar animals.
3. “Small animals” means rabbits, chinchillas, guinea pigs, hamsters, and other similar animals.
“Home occupation” – see Chapter 17.12 BMC.
I. “I” Definitions.
“Impervious surfaces” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which 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. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
J. “J” Definitions. Reserved.
K. “K” Definitions.
“Kitchen” means any room or rooms, or portion of a room or rooms, designed to be used for the cooking or preparing of food.
L. “L” Definitions.
“Landscape” means to plant with vegetation in the form of hardy trees, shrubs, grass, flowerbeds, or evergreen ground cover maintained in good condition and arranged to produce an aesthetically pleasing effect. Landscaping may also be used to provide screening or buffering, to provide an acoustical barrier or to reduce stormwater runoff and/or erosion.
“Lot” means a platted or unplatted parcel of land unoccupied, occupied or to be occupied by a principal use or building and accessory building, together with such yards and open spaces as required by this title, and abutting upon or accessible from a private or public street sufficiently improved for vehicle travel or abutting upon or accessible from an unobstructed permanent access easement.
“Lot area” means the total horizontal area within the boundary lines of a lot.
“Lot, corner” means a lot situated at the intersection of and abutting two public rights-of-way, or upon two parts of a single right-of-way, the adjacent sides of which contain an angle of not more than one hundred thirty-five degrees.
“Lot coverage” means the area of a lot that can be covered with a building, structure, parking area, and other impervious surfaces as defined herein.
“Lot, flag” means a lot where the driveway is the only portion of the property that fronts a public street. The lot consists of two parts: the “flag” or main body of the lot and the “panhandle” or the narrow access way connecting the lot to the street.
“Lot grade” means the average of the finished ground level at the center of all exposed walls of the building.
M. “M” Definitions.
“Main building” means the principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.
“Mobile home” as used herein shall refer to the definition of mobile home as stated in the city’s mobile home ordinance.
N. “N” Definitions.
“Nonconforming building” means a building or portion thereof which was lawfully erected or altered and maintained but which, because of the application of this title, no longer conforms to the regulations of the zone in which it is located as defined by this title.
“Nonconforming use” means a use of land or of a structure which was lawful when established but which, because of the application of this title, no longer conforms to the use regulations of the zone in which it is located as defined by this title.
“Non-electric vehicle” means any motor vehicle that does not meet the definition of “electric vehicle.”
O. “O” Definitions.
“Occupant, permanent” means an individual who occupies a dwelling unit or portion thereof for thirty-one days or more within any twelve-month period and:
1. Is a dependent regularly residing in the unit; or
2. Can provide proof of permanent occupancy through two or more of the following:
a. Registers to vote using the address of the dwelling unit;
b. Receives utility and household bills at the dwelling unit;
c. Registers a vehicle or applies for a driver’s license or other state-issued identification using the address of the dwelling unit; or
d. Registers to attend school or is registered as a home school student at the address of the dwelling unit.
“Open space” means undeveloped land set aside to provide conservation, buffering and park and recreational opportunities, conserving valuable natural resources and structuring urban development and form. The intent and use of open space is addressed more specifically in the city’s comprehensive park, trail, and open space plan.
P. “P” Definitions.
“Parking space” means an area accessible to vehicles, which area is provided, improved, maintained, and used for the purpose of accommodating a motor vehicle.
“Permanent occupant” – see “Occupant, permanent.”
“Permanent supportive housing” means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW.
“Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that (1) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (2) charges its battery primarily by connecting to the grid or other off-board electrical source; (3) may additionally be able to sustain battery charge using an on-board-internal-combustion-driven generator; and (4) has the ability to travel powered by electricity.
“Principal use” means the primary or predominant use to which the property is or may be devoted and to which all other uses on the premises are accessory.
“Private garage” means an accessory building or an accessory portion of the principal building, designed or used for the shelter or storage of vehicles owned or operated by the occupants of the principal building.
Q. “Q” Definitions. Reserved.
R. “R” Definitions.
“Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
“Religious worship, place of” means a building or portion thereof principally devoted to and operated for worship, prayer, meditation, or the performance of religious services by an organization granted tax exempt status by the Federal Internal Revenue Service. A place of religious worship includes churches, synagogues, temples, mosques, and other similar religious facility.
S. “S” Definitions.
“Secondary dwelling unit” means a second dwelling unit on a single-family lot that provides complete independent living facilities. The secondary dwelling unit may be located in either the main building or in a separate, detached building.
“Setbacks” means the distances from lot lines which buildings or improvements must be located.
“Short term rental” means a lodging use in which a dwelling unit, or portion thereof, is offered for rent for fewer than thirty consecutive nights. For purposes of this definition, a dwelling unit includes but is not limited to: buildings, main buildings, accessory buildings, dwelling units, secondary dwelling units, mobile homes, or any other structure, and any habitable space therein, as these terms are defined in this section.
“Street” means a public or recorded private thoroughfare which affords primary means of access to abutting property.
1. “Street, side” means a street which is adjacent to a corner lot or reverse corner lot and which extends in the general direction of the lot line determining the depth of the corner or reverse corner lot.
2. “Street, principal” means that street for which the house numbering is issued and which becomes the main access to the property.
“Structure” means that which is built or constructed, or edifice or building of any kind, or any piece of work artificially built up, or composed of parts joined together in some definite manner.
T. “T” Definitions.
“Transitional housing” means a facility that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living.
U. “U” Definitions.
“Use” means the purpose for which land or a building is designed, arranged, or intended or for which it is occupied or maintained, let or leased.
V. “V” Definitions.
“Variance” means relief from meeting the specific requirements of this title authorized by the city council after determining that the criteria for granting of variances have been satisfied.
W. “W” Definitions. Reserved.
X. “X” Definitions. Reserved.
Y. “Y” Definitions.
“Yard” means an open space other than a court on a lot, unoccupied and unobstructed from the ground upward unless specifically otherwise permitted in this title.
“Yard, front” means an area extending across the full width of the lot and lying between the principal building and the lot line abutting the public right-of-way. Properties not abutting the public right-of-way shall have the location of the front yard designated during the platting process or by the director for existing legal lots. The required depth of the front yards shall be measured by a line at right angles to the lot front line, or by the radial line or radial line extended in the case of a curved lot front line from the nearest part of the principal building to the nearest part of the front lot line.
“Yard, rear” means an area extending across the full width of the lot between the principal buildings and the rear lot lines. The required depth of the rear yard shall be measured horizontally at right angles to the rear lot line or by a radial line or radial line extended in the case of a curved lot rear line from the nearest part of the principal building to the nearest part of the rear lot line.
“Yard, side” means an open area measured from the lot side line toward the center of the lot and extending from the rear line of the required front yard, toward the lot rear line. The width of the side yard shall be measured horizontally from and be parallel to the lot side line from which it is measured.
Z. “Z” Definitions.
“Zone” means an area accurately defined as to boundaries and location on the zoning map component of the zoning map and within which area only certain types of land uses are permitted, and within which area other types of land use are excluded as set forth in this title. (Ord. 482 § 1 (Exh. A), 2022; Ord. 475 §§ 2 – 4, 2021; Ord. 457 § 1, 2018; Ord. 445 § 2 (Exh. B), 2017: Ord. 433 § 2 (Exh. B), 2016: Ord. 388 § 1, 2011: Ord. 20.W §§ 2, 3, 2001; Ord. 20.M §§ 3.1 – 3.26, 1991)