Chapter 15.04


15.04.010    Generally.

15.04.020    Definitions.

15.04.010 Generally.

Definitions pertinent and appropriate to the enforcement of these regulations are set forth as a matter of clarification for those instances where words or phrases may have a technical connotation not commonly understood or defined. Words used in the present tense include the future. All words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally and shall be measured from the farthermost extremities of the object being measured. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.04.020 Definitions.

“Abate” means to act to stop an activity and/or to repair, replace, remove, or otherwise remedy a condition, when such activity or condition constitutes a violation of this code or a city regulation, by such means and in such a manner and to such an extent as the applicable department director, enforcement officer, or other authorized official determines is necessary in the interest of the general health, safety, and welfare of the community. For the purposes of this chapter, the verbs “abate” and “correct” shall be interchangeable and have the same meaning.

“A-board (or sandwich board) sign” means a sign consisting of two panels hinged or attached at the top or side, designed to be movable and stand on the ground, and that has no permanent attachment to a building, structure or ground.

“Abutting” means land having a common property line or district line or separated only by a private street, alley or easement.

“Access” means the place, means or way by which pedestrians or vehicles have safe, adequate and usable ingress and egress to a property, use or parking space.

“Accessibility” means the ability for a building, structure or object to be approached or entered.

“Accessory building” means a subordinate building, the use of which is incidental to the use of the principal building on the same lot.

“Accessory dwelling unit (ADU)” means a habitable living unit added to, created within, or detached from a single-family dwelling that contains facilities for living, sleeping, eating, cooking and sanitation.

“Accessory use” means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use.

“Act” means doing or performing something.

“Administrator” means the administrator of development regulations per EMC 15.06.050, or that person’s designee.

“Adult arcade” means a movie arcade or game (coin) arcade which emphasizes matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult bookstore” means an establishment which, as a principal business purpose, offers to customers books, magazines, films or videotapes (whether for viewing on-premises or off-premises), periodicals, or other printed or pictorial materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult cabaret” means an establishment whose primary business is offering live entertainment to customers which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult family home” means a residential home as defined by RCW 78.128.010(1) in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults that are not related by blood or marriage to the person or persons providing the services.

“Adult lounge” means an adult cabaret which is permitted or licensed by the state to serve or sell alcoholic beverages.

“Adult novelty shop” means an establishment which, as a principal business purpose, sells products which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult-oriented business” means any adult arcade, adult bookstore, adult theater, adult novelty shop, adult cabaret, adult lounge, massage parlor, nude modeling studio, or any other similar commercial enterprise whose major business is the offering of a service which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Adult theater” means an establishment which, as a principal business purpose, exhibits to customers motion pictures which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

“Alley” means a minor way used primarily for vehicular service access to the back or side of properties otherwise abutting on a street, and not intended for general travel. Alleys are counted as streets for the purpose of signing.

“Alterations” means a change or rearrangement of the structural parts of existing facilities, or an enlargement by extending sides or increasing the height or depth or the moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting any portion of a single floor area shall be considered an alteration.

“Animated sign” means any sign which moves or contains moving graphics or lettering. These include signs with visible moving, revolving or rotating parts or visible mechanical movement; signs with blinking, flashing, moving, scrolling or changing sign copy (including background, text, design, colors) or other apparent visible movement achieved by electrical, electronic or mechanical means.

“Antenna” means poles, panels, rods, reflecting discs, or similar devices used for the transition or reception of radio frequency signals, including omni-directional (“whip”) antennas, directional (“panel”) antennas, and parabolic (“dish”) antennas.

“Applicant” means a person who files an application for permit under this chapter and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person.

“Application” means, at a minimum, a complete project description, site plan, and, if applicable, SEPA checklist. The community development director and/or the city engineer may require additional elements at their discretion.

“Architectural consistency” means the development of structures is to be of the same type of architecture as the primary structure and/or other neighboring structures.

“Architectural feature” means the exterior architectural treatment and general arrangement of the portions of an improvement and site as shall be open to external view including, but not by way of limitation, the kind, color and texture of building materials, types of windows and doors, attached or detached signs, landscaping, screens, parking lots, exterior lighting, walkways and other fixtures appurtenant to such portions.

“Arterial” means a street so identified in the comprehensive plan’s transportation chapter, including principal, minor, and collector arterials.

“Assisted care living facility” means a facility which provides living quarters and a variety of limited personal care and supportive health care to individuals who are unable to live independently due to infirmity of age, physical or mental handicap, but who do not need the skilled nursing care of a convalescent or nursing home. Such a facility has independent dwelling units which typically have individual restrooms and kitchenettes and may also have communal dining rooms, kitchen areas, recreational areas and leisure rooms.

“Attached dwelling unit” means a dwelling unit that is located on a separate lot and shares a wall on one or both sides with a neighboring dwelling. Townhomes and duplexes are attached dwelling units.

“Attached WCF” means an antenna attached to a preexisting building, utility pole, water tower, or other structure, together with associated connection cables and an equipment shelter which may be located either inside or outside of the attached structure.

“Auto wrecking” means the dismantling or disassembling of used motor vehicles or mobile homes, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.

“Average building elevation” or “ABE” means the weighted average elevation of the topography, at finished grade, either (1) under the footprint of a building as measured by delineating the smallest rectangle which can enclose the building footprint and then averaging the elevations taken at the midpoint of each side of the rectangle, or (2) at the center of all exterior wall segments of a building or structure.

“Awning” means a metal-framed structure, covered in fabric or metal, which is attached to and projects from the front facade of a building.

“Awning (or marquee) sign” means a sign affixed to or painted on the surface of an awning (or marquee).

“Banner” means a sign made of cloth or similarly flexible material, with or without copy, that is attached to a building, pole, or fence.

“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. A basement, when designed for or occupied by business or manufacturing, shall be considered a story.

“Bed and breakfast” means any facility offering not more than five lodging units to travelers and transient guests for periods of less than 30 days per year with limited food service operations only.

“Berm” means an earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.

“Billboard (or off-premises) sign” means a sign with copy pertaining to a person, event, business, or service which exists on a site other than that on which the sign is located.

“Block” means a piece or parcel of land entirely surrounded by public highways, streets, streams, railway right-of-way, parks, etc., or a combination thereof.

“Boardinghouse” means a dwelling in which not more than four roomers, lodgers and/or boarders are housed and fed.

“Buffer” means a combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.

“Building” means any structure having a roof, but excluding all forms of vehicles even though immobilized. When a use is required to be within a building, then the term “building” means one so designed and constructed that all exterior walls of the structure shall be solid from the ground to the roof line, and shall contain no openings except for closable windows and doors.

“Building facade” means a building wall which fronts a public or private street or parking area. Surface area shall be the height times the width of the facade, and shall be measured in square footage.

“Building height” means the vertical distance from the average elevation of the finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. If a structure has none of the above features, then the height shall be measured from the average finished elevation to the highest portion of the structure.

“Building line” means the line of that face, corner, roof or part of a building nearest the property line.

“Building official” means the official charged with the administration of EMC Title 16.

“Building permit” means any permit required by EMC Title 16 other than sign permits.

“Building sign” means a sign mounted on or supported by a building. Building sign types include wall, projecting, awning and suspended signs.

“Building site” means a total horizontal area within the property lines excluding external streets, public or private.

“Caliper” means a measuring device and term used to identify the diameter of tree trunks.

“Cannabis” or “marijuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this definition, “cannabis” or “marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is capable of germination, as defined by RCW 69.50.101 as now existing or hereafter amended.

“Capital facilities plan” means the capital facilities element of the comprehensive plan.

“Carport” means a stationary structure to house or protect motor vehicles owned or operated by the occupants of the principal building and which is at least 40 percent of the total area of its sides, open to the weather.

“Categorically exempt” describes an action which does not significantly affect the environment, does not require an environmental checklist, and is listed in WAC 197-11-800.

“Certificate of occupancy” means a permit to occupy a premises issued by the building official after inspection has verified compliance with the requirements and provisions of this title and applicable building codes.

“City” means the city of Enumclaw.

“Civil penalty” or “monetary penalty,” as used in any code, ordinance or regulation of the city, shall be deemed to have the same meanings as used in this chapter.

“Clinic” means a building designed and used for the medical, dental or surgical diagnosis or treatment of patients under the care of doctors and/or nurses providing no overnight patient care.

“Club” means an incorporated or unincorporated association of persons organized for a social, fraternal, athletic, educational, literary or charitable purpose. Property occupied by a club is semiprivate and shall be subject to the regulations governing public buildings and places, excluding groups organized primarily to render a service which is normally considered a business.

“Code” means the Enumclaw Municipal Code.

“Code enforcement officer” or “enforcement officer” means the city’s code enforcement officer(s); the building official; building inspectors; construction inspectors; the fire marshal or his or her designee; fire inspectors; the chief of the police department or his or her designee; the director of the community development department or his or her designee; the director of the public works department or his or her designee; or any other person or persons assigned or directed by the mayor or his or her designee to enforce the regulations subject to the enforcement and penalty provisions of this chapter.

“Collection point” means the location of storage of recyclables for collection.

“Collective garden” means the growing, production, processing, transportation, and delivery of cannabis, by qualifying patients, for medical use, as set forth in Chapter 69.51A RCW now existing or hereafter amended.

“Collector arterial” means a street so identified in the transportation chapter of the comprehensive plan.

“Co-locate” means to mount more than one wireless communication antenna or similar equipment on a single wireless support structure.

“Commercial kennel” means any lot or building in which four or more dogs and/or cats at least four months of age are kept commercially for board or propagation or treatment.

“Commercial use” means an activity with goods, merchandise or services for sale or involving a rental fee.

“Commercial vehicle” means a motor vehicle used for purposes other than a family car, such as a taxi, delivery or service vehicle.

“Common open space” means land within or related to a multifamily development, not individually owned or dedicated for public right-of-way use but generally jointly owned or maintained by owners or a property owners’ association, that is designed and intended for the common use or enjoyment of the residents of the development and their guests, and may include such complementary structures and improvements as are necessary and appropriate.

“Compensation project” means actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring and contingency actions.

“Compensatory mitigation” means replacing project-induced critical area losses or impacts, and includes, but is not limited to, the following:

1. “Restoration” means actions performed to reestablish critical area functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area where a critical area formerly existed, but which no longer meets the definition of a critical area;

2. “Creation” means actions performed to intentionally establish a critical area at a site where it did not formerly exist;

3. “Enhancement” means actions performed to improve the condition of existing degraded critical areas so that the functions they provide are of a higher quality.

“Comprehensive plan” means the Enumclaw comprehensive plan.

“Conditional use” means a use permitted in one or more zones as defined by this title but which, because of characteristics peculiar to such use, or because of size, technological processes or equipment or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones. A conditional use is a form of special exception.

“Construction sign” means a temporary sign erected for the purpose of announcing future building plans and identifying the owner, architect, engineer, building contractor and/or other persons responsible for the development of the site.

“Copy” in reference to a sign means any symbols, letters, designs or other elements on the face of a sign.

“Corner lot” means either a lot or development site bounded on at least two sides by streets.

“Correction notice” means a written statement issued by a code enforcement officer, notifying a person that property or work under his or her control is in violation of one or more regulations and informing such person that a notice of civil violation may be issued and/or a notice of infraction filed in court if the violations are not abated.

“Costs” means, but is not limited to, contract expenses and city employee labor expenses incurred in abating a nuisance; a rental fee for city equipment used in abatement; costs of storage, disposal, or destruction related to abating a nuisance; legal expenses and attorneys’ and expert witness fees associated with civil judicial enforcement of abatement orders or in seeking abatement orders; and any other costs incurred by the city, excluding fees and expenses associated with appeals authorized by this code or by state law.

“Cottage housing” means a grouping of small, single-family dwelling units clustered around a common area and developed with a coherent plan for the entire site.

“Council” means the Enumclaw city council.

“Critical aquifer recharge area” means those areas that have been identified as having a critical recharging effect on aquifer use for potable water in community water systems.

“Critical area management easement” means a recorded easement for the property on which critical areas and compensation areas are located. The easement shall identify all deed restrictions.

“Critical areas” means one or a combination of wetlands, aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas, per Chapter 19.02 EMC.

“Crown” means the top portion of a berm or tree, including the foliage and branches.

“Day care center” means an agency which regularly provides care for a group of 13 or more children for periods less than 24 hours per day, not necessarily in the home of the provider.

“Day care home” means a dwelling unit, school or church that regularly provides care for a period of less than 24 hours per day for no more than 12 children.

“Dedication” is the deliberate appropriation of land by its owner for any general or public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.

“Depth,” when referring to a lot, means the average distance from street right-of-way to the rear lot line, which is the lot line opposite and most distant from the right-of-way line.

“Detached building” means a building surrounded on all sides by open space.

“Determination of completeness” means a notice to the effect that a permit application is complete.

“Development” (as defined for the purposes of signing) means a single building on a single parcel, or multiple buildings on a single parcel, or a single building or business on multiple adjacent parcels.

“Development activity” means any construction or expansion of a building or structure; or the siting of a mobile home; or any change in use of a building or structure or mobile home; or the subdivision of land; or the seeking of plat approval, PUD approval, mobile home park district approval, boundary line adjustment, or conditional use permit approval; or any change in use of land that creates additional demand and need for public streets and roads, publicly owned parks, open space and recreational facilities, fire protection facilities and equipment, and school facilities.

“Development regulations” means EMC Titles 15 through 19.

“Development site” means either (1) a lot of record existing on the effective date of the ordinance codified in this title, (2) a tract of land either unsubdivided or consisting of two or more contiguous lots of record, located within a single block which on the effective date of the ordinance codified in this title was in single ownership, or (3) a tract of land, located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy) is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit under single ownership. A development site, therefore, may or may not coincide with a lot as shown on the official tax maps of the city or on any recorded subdivision plat or deed. For the purpose of this definition, ownership of a development site is deemed to include a lease of not less than 50 years’ duration, with an option to renew such lease so as to provide a total lease of not less than 75 years’ duration.

“Directional sign” means a sign limited to directional messages, such as “one-way,” “entrance,” and “exit.” Directional signs indicate entrance, exit, one-way circulation, drive-up window, etc., and contain no advertising matter beyond that necessary to accomplish their directional purpose.

“District” means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.

“DNS” means determination of nonsignificance per the State Environmental Policy Act.

“Drive-in,” as an adjective, refers to sales or service predominantly rendered to patrons in automobiles upon the premises.

“DS” means determination of significance per the State Environmental Policy Act.

“Duplex” means a building comprised of two dwelling units, each with a separate entrance, but sharing some common walls.

“Dwelling unit” means a single residential unit providing complete, independent living facilities for a single “family” (as defined by this section), including permanent provisions for living, sleeping, cooking and sanitation.

“Dwelling unit, live-work” means a structure or portion of a structure: (1) that combines a business permitted in the zone with a residential living space for the owner of the business, or the owner’s employee, and that person’s household; (2) where the resident owner or employee of the business is responsible for the business activity performed.

“EIS” means environmental impact statement per the State Environmental Policy Act.

“Electronic message center sign” means any sign on which the copy (including background, text, and design) changes through the use of electronics.

“EMC” means the Enumclaw Municipal Code.

“Encumber,” with respect to impact fees, means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for planned facilities.

“Equipment shelter” means a room, cabinet, building, or vault used to house wireless communication equipment.

“Essential public facility” means, but is not limited to, those facilities that are typically difficult to site such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, hazardous waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities.

“Established grade” means the high point of the sidewalk at the front or side lot line as established by the city.

“Evergreen” means a plant with foliage that persists and remains green year-round.

“Exotic” means any species of plants or animals that are foreign to the planning area.

“FAA” means the Federal Aviation Administration.

“Facade” means an exterior building wall or face. Surface area shall be the height times the width of the facade, and shall be measured in square feet.

“Family” means a person living alone, or any of the following groups living together in a single dwelling unit:

1. Any number of people related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship;

2. Not more than five unrelated people;

3. Two unrelated people and any children related to either of them.

“FCC” means the Federal Communications Commission.

“Fee payer,” with respect to impact fees, means any entity commencing a development activity which creates demand for planned facilities and for which a permit is required.

“Fence sign” means a sign attached to and supported by a fence with the exposed face of the sign parallel to the plane of the fence.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with King County.

“Fire impact fee” means the impact fee designated to pay for fire department facilities and equipment.

“Fish and wildlife habitat conservation areas” means:

1. Areas with which endangered, threatened and sensitive species have a primary association;

2. Habitats and species of local importance which include a seasonal range or habitat element with which a given species has a primary association and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration such as cliffs, talus and wetlands. Species of local importance are those species that are of local concern due to their population status or their sensitivity to habitat manipulation or that are game species;

3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds (of less than three years’ duration) and landscape amenities. However, naturally occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority;

4. Lakes, ponds, streams and rivers planted with game fish, including fish planted under the auspices of a federal, state, local or tribal program or which supports priority fish species as identified by the Department of Fish and Wildlife.

“Freestanding sign” means a sign which is not supported by a building. Freestanding sign types include monument, pole and fence signs.

“Frequently flooded areas” means floodplains and other areas subject to a one percent or greater chance of flooding in any given year.

“Front yard” means a yard extending between lot lines which intersect a street line, the depth of which is the minimum horizontal distance between the street line and a line parallel thereto on the lot.

“Functions and values” means the beneficial roles served by wetlands including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, ground water recharge and discharge, erosion control, wave attenuation, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.

“Grade,” in reference to a building, means the average of the finished ground level at the center of all walls.

“Grand opening sign” means a temporary sign celebrating or promoting the period beginning on or shortly after the date when a new business or use is open. Grand opening signs must be related to: a change of business location, construction of a new business structure, major remodeling, change of ownership, change of name, or change in the type of business.

“Gross floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walks and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways and open spaces.

“Groundcover” means low-growing plants, typically less than 24 inches at maturity, other than turf grasses.

“Half story” means any basement or cellar which has less than six feet of its height above grade.

“Halfway house” means an institution that provides a sheltered and transitional environment for a maximum of four persons emerging from mental institutions, prisons or similar facilities and helps to ease their return to society.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor by amendment or modification, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor by amendment or modification.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC or its successor.

“Hazardous waste treatment” means the physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC or its successor.

“Health studio” means a small scale facility consisting of a single exercise room dedicated to classes such as pilates, yoga and martial arts, and not including other fitness apparatus.

“Hearing” means an open-record hearing per RCW 36.70B.020(3).

“Hearing examiner” means the Enumclaw hearing examiner.

“Hedge” means a landscape barrier consisting of a continuous, dense planting of shrubs.

“Home occupation” means a business conducted in a residential dwelling unit that is incidental and subordinate to the primary residential use and carried on by a resident of the premises, provided the conditions of Chapter 19.36 EMC are satisfied.

“Hospital” means an establishment which provides accommodations, facilities and services over a continuous period of 24 hours or more for observation, diagnosis and care of two or more individuals, not related by blood or marriage to the operator, who are suffering from illness, injury, deformity or abnormality or from any condition requiring obstetrical, medical or surgical services.

“Illegal sign” means a sign that does not meet the sign requirements of the sign regulations of Chapter 19.10 EMC and has not received legal nonconforming status.

“Illuminated external sign” means a sign with a lighting source that is not part of or attached to the sign but which reflects onto the sign to enhance its readability.

“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

“Impact fee” means a payment of money imposed by the city on development activity pursuant to this chapter as a condition of issuing a permit in order to pay for the planned facilities needed to serve new growth and development activity. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, the cost of reviewing independent fee calculations, or the administrative fee required for an appeal pursuant to ordinance or resolution. “Facilities,” as used in this definition, include, but are not limited to, transportation, park, fire, and school facilities.

“Impact fee account” means the account or accounts established for the planned facilities for which impact fees are collected. The accounts shall be established pursuant to ordinance, and comply with the requirements of RCW 82.02.070.

“Improvement” means any building, structure or other improvement to real property. It includes street improvements, street furniture, park developments, private and public schools, commercial and business developments, public utility and governmental buildings and structures, religious institutions, hotels, motels, apartment houses and other multifamily dwellings, hospitals, rest homes and other similar developments and commercial and noncommercial recreational areas. It does not include underground wires, pipes or other similar underground utility installations.

“In-kind compensation” means to replace wetlands with substitute wetlands whose characteristics closely approximate those destroyed or degraded by a regulated activity. It does not mean replacement “in-category.”

“Informational sign” means a sign limited to informational messages, such as “drive-up window” or “one-way” circulation. Informational signs indicate entrance, exit, one-way circulation, drive-up window, etc., and contain no advertising matter beyond that necessary to accomplish their informational purpose.

“Isolated wetlands” means those regulated wetlands which 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.

“Kitchen” means any room used or intended or designed to be used for cooking and/or preparation of food.

“Knowledge” means being aware of a fact or circumstance or having information which would lead a reasonable person in the same situation to believe a fact or circumstance exists. A person acts knowingly or with knowledge when that person either is aware of one or more facts, circumstances, or results, which are described by an ordinance defining an offense, or has information which would lead a reasonable person in the same situation to believe that facts, circumstances, or results exist which are described by an ordinance defining an offense.

“Landowner” means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit development. A contract purchaser or any other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purpose of this title.

“Landscaping area” means a planted area consisting of various ornamental plant specimens and mulched with bark, cinders or other attractive material.

“Large inflatable object (balloon)” means a large balloon or balloon-like object, greater than 18 inches in any dimension, that uses blown air or any gas to keep it inflated or upright.

“Lattice tower” means a wireless support structure which consists of crossed metal braces forming a tower which is usually triangular or square in cross-section.

“Legal nonconforming use” means a use, structure, or improvement which was legal prior to passage of a development regulation to which it does not conform, and which remains legal only by virtue of these development regulations’ provisions for legal nonconforming uses.

“Loading space” means an off-street space or berth on the same lot with a principal building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading and which abuts a street, alley or other appropriate means of ingress and egress.

“Logo” means a graphic symbol, picture, image, or lettering used repeatedly by a business in connection with other advertising to promote the sale of goods and services by the owner of the logo.

“Lot” means a parcel of land capable of being individually sold or leased, whether described by plat or by metes and bounds. Refer to EMC 17.04.050.

“Lot coverage” means that portion of a lot which, when viewed directly from above, would be covered by a building or any part of a building.

Low Impact Development. See EMC 14.10.025.

“Major structures and improvements” means projects which require a threshold determination and environmental documentation under the State Environmental Policy Act (SEPA).

“Mansard” means a sloped roof or building facade architecturally comparable to a building wall.

Manufactured Home.

1. A “designated manufactured home” is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

a. Is comprised of at least two fully enclosed parallel sections each of not less than 12 feet wide by 36 feet long;

b. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and

c. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built Uniform Building Code single-family residences.

2. “New manufactured home” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2).

“Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana as defined by RCW 69.50.101 as now existing or hereafter amended.

“Marijuana processor” means a person licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers as defined by RCW 69.50.101 as now existing or hereafter amended.

“Marijuana producer” means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers, as defined by RCW 69.50.101 as now existing or hereafter amended.

“Marijuana retailer” means a person licensed by the State Liquor Control Board to sell useable marijuana and marijuana-infused products in a retail outlet as defined by RCW 69.50.101 as now existing or hereafter amended.

“Marquee” means a solid architectural projection over the exterior building entrance other than a roof or fascia.

“Medical marijuana dispensary” includes any person, entity, site, location, facility, business, cooperative, or collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes pursuant to Chapter 69.51A RCW as now existing or hereafter amended.

“Menu sign” means a sign used only in conjunction with drive-through windows, and which contains a price list of items for sale at that drive-through establishment. Menu signs cannot be used to advertise the business to passersby: text and logos must be of a size that can only be read by drive-through customers and that cannot be read from public property.

“Mitigation” includes avoiding, minimizing or compensating for adverse impacts. Mitigation for individual actions may include a combination of measures. Mitigation, in the following order of preference, is:

1. Avoiding the impact altogether by not taking a certain action or parts of an action;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;

6. Monitoring the impact and the compensation project and taking appropriate corrective measures.

“Mobile home” means a detached single-family dwelling unit, or a dwelling unit for use as a component in a two-family or multifamily structure, with all of the following characteristics:

1. Designed for long-term occupancy, containing complete sleeping and toilet facilities with plumbing and electrical connections provided;

2. Designed to be transported after fabrication on its own wheels, flatbed or other trailer, or on detachable wheels;

3. Built to arrive at the site where it is to be occupied as a dwelling unit complete, including major appliances, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports or integration into a prepared structure;

4. With a minimum body length of 32 feet and body width of eight feet;

5. Built on its own permanent chassis designed to be used with or without a permanent foundation;

6. Bearing the Washington State Department of Labor and Industries and U.S. Department of Housing and Urban Development approval seals on its outer skin.

This definition excludes “factory-built” or “modular” housing.

“Mobile home park” means any privately owned place where two or more mobile homes used for human occupancy are parked within 500 feet of one another on a lot, tract or parcel of land under the same ownership.

“Modular home” means a dwelling, other than a mobile home, which is prefabricated, at a place other than the building site, in accordance with the International Building Code, International Residential Code, Uniform Plumbing Code, International Mechanical Code and National Electrical Code.

“Monopole” means a wireless support structure which consists of a single pole sunk into the ground and/or attached to a foundation.

“Monument sign” means a freestanding sign with a solid base measuring the full width of the sign if the sign is square or rectangular, or measuring at least two-thirds the width of the sign if the sign is oval or round.

“Mortgagee” means a financial institution, including a bank, credit union or other commercial lender, which holds mortgaged property as security for repayment of a loan.

“Motel” means a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units having their own private toilet facilities and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for mobile homes are not included. This term includes tourist court, motor inn and similar names.

“Motor hotel” means a specialized hotel designed and operated to provide hotel service and accommodations to the motoring public and where the sleeping accommodations normally do not exceed one week’s duration.

“Multifamily (MF) development” means a building or buildings containing three or more dwelling units on one parcel of land. Examples of multifamily development include duplexes (if multiple duplexes exist on one lot), townhomes or townhouses, cottage housing (if multiple cottages exist on one lot) and apartment buildings.

“Mural” means a flat, noncommercial, artistic depiction attached to a building wall.

“Nameplate” means a nonelectric, on-premises identification sign giving only names, address, and/or occupation of an occupant or group of occupants.

“Native vegetation” means plant species which are indigenous to the area in question.

“Natural resource extraction and processing” means extraction of natural mineral solids (coal and ores), liquid minerals (such as crude petroleum), and gases (such as natural gas) through quarrying, well operations, beneficiating (e.g., crushing, screening, washing, and flotation), and other methods.

“Nonconforming” means not conforming to these development regulations.

“Notice of violation” or “notice of civil violation” or “violation notice” means a written statement, issued by a code enforcement officer, which contains the information required under EMC 15.12.120 and which notifies a person that he or she is responsible for one or more civil violations of the municipal code.

“Nursing home” means an institution or home that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients.

“Obscene/obscenity” means a performance, language, text or depiction that:

1. Taken as a whole, by an average person applying contemporary community standards, appeals to a prurient interest in sex; or

2. Taken as a whole, by an average person applying community standards, depicts patently offensive representations of the sexual acts described in RCW 7.48A.010(2)(b).

“Occupancy” means the purpose for which a room or building is used. “Change of occupancy” is not intended to include change of tenants.

“Occupant” means any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling or dwelling unit.

“Off-premises sign (or billboard)” means a sign with copy pertaining to a person, event, business, or service which exists on a site other than that on which the sign is located.

“Off-site compensation” means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity.

“Omission” means a failure to act.

“On-site compensation” means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity.

“Open space” means any part of a lot unobstructed from the ground upward (see also “common open space”), except that, as applies to landscaping regulations, “open space” means all areas occupied by living plants, whether natural areas or areas planted with, for example, trees, shrubs, hedges, groundcover, or grass.

“Out-of-kind compensation” means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. It does not refer to replacement “out-of-category.”

“Owner” means any owner, part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of a building or land.

“Panhandle access” means and is a strip of land having a width narrower than that of the lot, tract, or parcel to be served thereby, and designed for the purpose of providing access to one lot, tract, or parcel.

“Park impact fee” means the impact fee designated to pay for publicly owned parks, open space and recreational facilities and equipment.

“Pennant” means a small banner that is hung vertically from a freestanding support.

“Performance bond” means that security which may be accepted in lieu of a requirement that certain improvements be made before the planning board or other approving body approves the final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements.

“Permeable pavement” means a hard surface area which permits water penetration into the soil. Permeable pavement may consist of any porous surface materials which are installed, laid or poured, including but not limited to porous concrete, porous asphalt, unit pavers with a gravel bed and grassed modular systems. Gravel systems are not considered pavement and are not included.

“Permit” means a written governmental approval or authorization without which a development activity cannot proceed, including building permits and Type I through IV permits.

“Permitted use” means any use authorized or permitted alone or in conjunction with another use in a specified district and subject to the limitations of the regulations of such use district.

“Person” means any individual, firm, business, association, partnership, corporation, or other legal entity, public or private, however organized. Because “person” shall include both human beings and organizational entities, any of the following pronouns may be used to describe a person: he, she, or it.

“Person responsible for the violation” or “violator” or “responsible person” means any of the following: a person who has titled ownership or legal control of the property or structure that is subject to the regulation; an occupant or other person in control of the property or structure that is subject to the regulation; a developer, builder, business operator, or owner who is developing, building, or operating a business on the property or in a structure that is subject to the regulation; a tenant or other person having the owner’s permission to occupy the premises; or any person who created, caused, participated in, or has allowed a violation to occur.

“Planned facilities” means those public streets, traffic controls, parks, open spaces, recreational facilities, and fire protection facilities and equipment included in the capital facilities element of the comprehensive plan for Enumclaw. Planned facilities also include the capital projects listed within the Enumclaw school district capital facilities plan.

“Planning commission” means the Enumclaw planning commission.

“Plat” means a map or representation of a subdivision showing the division of a tract or parcel of land into blocks, streets, or other divisions and dedications.

“Pole sign” means a freestanding sign supported by one or more poles.

“Political sign” means a temporary sign advertising a candidate or candidates for public elective office, or a political party, signs urging a particular vote on a public issue or referendum decided by ballot, or signs expressing a noncommercial viewpoint.

“Porch” means a roofed area open on three sides that is attached to or part of a building, and with direct access to and from the building.

“Portable sign” means a sign which is not permanently attached to a structure or to the ground and which is meant to be transported easily.

“Preliminary plat” means a neat and accurate drawing of a proposed subdivision which is furnished as a basis for the approval or disapproval of said subdivision.

“Primary facade” means the facade which contains the primary customer entrance.

“Primary use” means the principal or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.

“Principal building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the building site on which the same is located.

“Private open space” means land within or related to a multifamily development which serves as an extension of an associated dwelling unit and is individually owned, designed and intended for the private use or enjoyment of the owner or tenant of the associated dwelling unit. This may include landscaped front and/or rear yards, porches, patios, and balconies. Driveways and minimum required landscape buffers may not be included in the calculations.

“Professional offices” means offices maintained and used as places of business conducted by persons engaged in the healing arts for human beings, such as doctors and dentists (but wherein no overnight care for patients is given), and by engineers, attorneys, architects, accountants, travel agents and other persons providing services utilizing training in and knowledge of the mental discipline as distinguished from training in occupations requiring skill or manual dexterity or the handling of commodities.

“Projecting sign” means a sign which is attached to the wall of a building perpendicularly or at an angle.

“Projection sign” means a sign created by the projection of patterned light onto a surface.

“Public institution” means a nonprofit, religious, or public use which receives public funding for operations, such as a church, library, public or private school, hospital, or government-owned or -operated building, structure, or land used for public purposes.

“Public parking area” means privately or publicly owned property, other than streets or alleys, on which parking spaces are defined, designated or otherwise identified for use by the general public, either free or for remuneration. Public parking areas may include parking lots which may be required by this title for retail customers, patrons and clients.

“Public utility” means a public service corporation performing some public service and subject to special governmental regulations, or a governmental agency performing similar services, the services by either of which are paid for directly by the recipients thereof. Such services include, but are not limited to, water supply, electric power, gas and transportation for persons and freight.

“Qualified” refers to a professional who is accredited or licensed, with an appropriate combination of education and experience in the subject discipline.

“Readerboard sign” means a sign or part of a sign on which the letters are readily replaceable, such that the copy can be changed from time to time at will.

“Real estate sign” means a temporary, on-premises sign indicating that the property is for sale or rent.

“Rear yard” means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yard. Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.

“Recreation facilities, private” means facilities, such as boat or yacht clubs, swimming pools, athletic clubs, and golf and country clubs not owned or operated by a municipal corporation.

“Recreation facilities, public” means facilities, such as boat or yacht clubs, swimming pools, athletic clubs, and golf and country clubs, for the use of the general public and operated by the municipal corporation.

“Recreational vehicle (RV)” means any motor home, trailer, camper, or similar device intended for temporary human habitation, which is constructed on wheels (whether self-propelled or towed), and less than 30 feet in length.

“Recreational vehicle (RV) park” means a parcel of land which has been planned and improved for the parking and location of two or more occupied trailers for short periods, such as overnight, vacations and other temporary periods.

“Recyclables” includes, but is not limited to, newspaper, glass, aluminum, cardboard, tin, etc., that are accepted by either local or regional recycling companies.

“Recycling storage space” means the location designated for the storage of recyclable material.

“Regulated activities” means any of the following activities which are directly undertaken or originate in a regulated critical area or buffer:

1. Any physical development proposal (variances, rezones and annexations in and of themselves are not development proposals);

2. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind;

3. The dumping, discharging, or filling with any material;

4. The draining, flooding, or disturbing of the water level or water table;

5. The driving of pilings;

6. The placing of obstructions;

7. The construction, reconstruction, demolition, or expansion of any structure;

8. The destruction or alteration of wetlands vegetation that would alter the character of a regulated wetland; provided, that these activities are not part of a forest practice governed under Chapter 76.09 RCW and its rules; or

9. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetland water sources, including quantity, or the introduction of pollutants.

“Regulated wetlands” means ponds 20 acres or less, including their submerged aquatic beds, and those lands defined as wetlands under the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq., and rules promulgated pursuant thereto, and shall be those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands created as mitigation and wetlands modified for approved land use activities shall be considered as regulated wetlands. Regulated wetlands do not include those 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. The applicant shall bear the burden of proving that the site was not previously a wetland. For identifying and delineating a regulated wetland, Enumclaw shall use the Federal Clean Water Act, 33 U.S.C. Section 1251 et seq., wetlands definition, and utilize identification and delineation criteria as currently used by the Department of Ecology.

“Regulation” means and includes any of the following, as now enacted or hereafter amended:

1. All municipal code provisions contained in Chapter 7.10 EMC and EMC Titles 15 through 19;

2. All standards, regulations, and procedures adopted by the city pursuant to a city ordinance;

3. The terms and conditions of any permit or approval issued by the city, or any concomitant agreement entered into with the city, pursuant to code provisions; and

4. A written order of the hearing examiner that has been served as provided in this chapter.

“Repeat violation” means, as evidenced by the prior issuance of a correction notice or a notice of violation, a subsequent violation that has occurred on the same property or that has been committed by a person responsible for the prior violation elsewhere within the city. To constitute a repeat violation, the violation need not be the same violation as the prior violation. The violation of a written order of the hearing examiner that has been served as provided in this chapter shall constitute a repeat violation.

“Residential development” means any development designed and intended primarily for residential use regardless of the type of building in which such residence is located; that is, conventional single-family residences, townhouses, duplexes, fourplexes or apartment houses.

“Resource lands” means lands designated for agriculture, forestry, or mineral resources per the Growth Management Act.

“Retail sales” means the retail sale, rental, or lease of durable consumer goods, or the retail sale, rental, or lease of such goods in combination with repair and maintenance services and the sale of replacement parts and accessories. This definition includes apparel, appliances, home furnishings, paint, hardware, toiletries, jewelry, sporting goods, books, magazines, music, videos, computer hardware and software, toys, and similar items.

“Retirement home” means a place of residence for several families or individuals in apartment-like quarters, rented, cooperative or condominium which may feature services to retired persons such as limited nursing facilities, minimum maintenance living accommodations and recreation programs and facilities. The minimum age limit for the residents shall be 55 years of age, with younger spouses permitted.

“Right-of-way” means an area of land, public or private, on which a right of passage has been recorded.

“Risk-potential activity” or “risk-potential facility” means an activity or facility that provides a higher incidence or risk to the public from persons conditionally released from the special commitment center. Risk-potential activities and facilities include: public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, religious facilities and public libraries.

“Roadway” means that portion of a street intended for the accommodation of vehicular traffic, generally within curblines.

“Rooftop sign” means any sign supported on the roof structure. Signs standing out horizontally from a mansard roof are considered wall signs.

“Rooming house” means a boardinghouse.

“School,” when modified by “elementary,” “junior high,” or “senior high,” means an institution, public or private, which offers instruction in the several branches of learning and study required to be taught in the public schools by the Washington State Board of Education.

“Screen” means a method of reducing the impact of noise and unsightly visual intrusion with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate combination thereof.

“Secure community transition facility” means an in-patient residential facility for Level III sex offenders civilly committed and conditionally released to a less restrictive alternative. A secure community transition facility has 24-hour supervision and security, and either provides or ensures the provision of sex offender treatment services.

“Senior citizen” means an individual of 55 years of age or older. For the purposes of this code, spouses younger than 55 years of age may be permitted within retirement apartments or senior housing complexes.

“Senior citizen multifamily dwelling” means a building designed and designated to be used by senior citizens with an occupancy by three or more families, all living independently of each other and having separate housekeeping facilities for each family. Joint use facilities such as dining room, kitchen area, recreational areas and leisure rooms may be provided in the building.

“Senior housing complex” means a planned residential community, with occupancy restricted to senior citizens, which includes more than one of the following living arrangements:

1. Detached single-family or duplex dwellings;

2. Retirement apartments;

3. Congregate living facilities; and/or

4. Nursing homes.

“SEPA” means the State Environmental Policy Act.

“Service area” means an area, defined by the city, which is served by a defined set of public facilities.

“Service building” means a building housing communal toilet, laundry and other sanitary facilities necessary for the health and convenience of mobile home park occupants.

“Shade tree” means a deciduous tree planted primarily for its high crown of foliage or overhead canopy.

“Short plat” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

“Shrub” means a woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.

“Side lot line” means a property line which is not a front or rear lot line.

“Side yard” means a yard extending from the rear line of the required front yard to the rear lot line. In the case of through lots, side yards shall extend from the rear lines of the front yards required. Corner lots have side yards on their lot lines not adjacent to streets. Width of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot.

“Sign” means any visual communication device which informs, identifies, or brings the subject thereof to the attention of the public.

“Single-family” describes a detached building designed or used exclusively for the occupancy of one family and having housekeeping facilities for only one family (see also the definition of “family”).

“Special community event sign” means a temporary sign concerning a one-time or intermittent event of a political, civic, seasonal, cultural, philanthropic, educational or religious nature.

“Specified anatomical areas” includes:

1. Less than completely covered:

a. Human genitals, pubic region;

b. Buttock; and

c. Female breast below a point immediately above the top of the areola;

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” includes:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

“Start construction” means the site work associated with and directly related to the approved project has begun. For example: grading the project site to final grade or utility installation. Simply clearing the project site does not constitute the start of construction. The community development director and/or the city engineer may require additional elements at their discretion.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above (see also “basement”).

“Street” means a public thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. The word “street” includes avenue, place, way, drive, lane, boulevard, highway, road, arterial, freeway, collector arterial and minor street.

“Street frontage” means that portion of a lot nearest the street. For the purpose of determining yard requirements, all sides of a lot adjacent to a street shall be considered frontage.

“Street furniture” means improvements located in streets or rights-of-way and parking lots or other similar open spaces on a site, including but not limited to light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs, traffic signals, benches, guard rails, rockeries, retaining walls, mail boxes, litter containers and fire hydrants.

“Street line” means a lot line separating a street from other land.

“Structural alterations” means any change in load or stress of the loaded or stressed members of a building or structure.

“Structure” means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in width, retaining walls, rockeries and similar improvements of a minor character less than three feet in height.

“Subdivider” is any person, association, syndicate, copartnership, trust, firm, corporation or other ownership entity making, or having made, a subdivision.

“Subdivision” means the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and shall include all resubdivision of land.

“Suspended sign” means a sign suspended from an awning or marquee.

“Temporary business sign” means a temporary sign allowed only during the time when a business owner is awaiting approval for a permanent business sign.

“Threshold determination” means the decision by the SEPA responsible official whether or not an EIS is required for a proposal.

“Through lot” means a lot or development site under one ownership other than a corner lot with frontage on more than one street. Through lots with frontage on two streets may be referred to as “double-frontage” lots.

“Total signing” means the entire sign face which has copy on it, measured in square feet. Thus, total signing of wall signs, window signs, and awning and canopy signs shall be measured on one side only, while total signing of projecting, under-canopy, and freestanding signs shall be measured on both sides.

“Townhome/townhouse dwelling” means a type of multifamily dwelling in which three or more dwelling units are attached by one or more shared vertical walls, with dwelling units arranged on a side-by-side rather than a stacked configuration. Each individual townhome dwelling unit has front and rear access to the outside. Townhome/townhouse dwelling units are typically surrounded by common areas owned and maintained by a property or homeowners’ association.

“Unavoidable and necessary impacts” are impacts to regulated wetlands that remain after a person proposing to alter regulated wetlands has demonstrated that no practicable alternative exists for the proposed project.

“Use” means the purpose land or a building or structure now serves or for which it is occupied, maintained, arranged, designed or intended.

“Variance” means the means by which an adjustment is made in the application of the specific regulations of this title to a particular piece of property which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in privileges. A variance is a form of special exception.

“Violation” or “civil violation” or “civil infraction” means an act or omission contrary to a regulation as defined in this section. A violation continues to exist until abated to the satisfaction of the city, and each day or any portion of a day during which a violation occurs or continues is a separate offense.

“Vision clearance” means a triangular area at the street corner of a corner lot, or the alley-street intersection of a lot, the space being defined by a line across the corner, the ends of which are on the street lines or alley lines, and equal and a specified distance from the corner and containing no planting, walls, structures or temporary or permanent obstruction from two and one-half feet in height above the curb level.

“Wall sign” means a type of building sign attached parallel to an exterior wall of a building, including a mansard roof.

“WCF” means a wireless communication facility.

“Wholesale” means the sale of goods, for resale, or the sale of goods produced or processed from raw or primary materials on the premises, or the sale of construction materials which require bulk delivery of the product.

“Width of lot” means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the outer radius of cul-de-sacs, where the 80 percent requirement shall not apply.

“Window sign” means any sign placed on or immediately behind a window which directs its message to people viewing the window from outside the building. Window signs include advertisements in the form of decals, emblems, paint, exposed neon, banners, etc.

“Wireless communication facility (WCF)” means an unstaffed antenna(s), support structure, equipment shelter, and ancillary cable, conduits, and connections, for the transmission and reception of low-power radio signals.

“Wireless communications” means FCC-licensed commercial wireless communications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services.

“Wireless support structure” means a building, tower, pole, or other structure to which antennas and other necessary associated hardware are mounted.

“Yard” means the required space on the same lot with a building, unoccupied and unobstructed for a point 30 inches above grade upward, except as otherwise provided herein. In any required yard through which automobile access is taken between a public or private parking area and a street, no fence, wall, hedge or other vegetation shall be permitted which materially impedes vision from a public sidewalk to automobiles backing from the parking area(s) across the public sidewalk (see also “vision clearance”).

“Yard setback requirements” means the distance that buildings or uses must be removed from their lot lines. Setbacks shall be measured, where applicable, from proposed or actual public or private street right-of-way lines.

“Zero lot line” means a side lot line which has no yard.

“Zero lot line development” means a development containing one or more dwelling units which have no yard on one or more of the side lot lines. Dwelling units in zero lot line developments are located in such a manner that one or more of a building’s sides rest directly on a side lot line and each dwelling unit is located exclusively on one lot, except for the common wall which is separated by the property line. Zero lot line developments may include attached or detached dwelling units.

“Zone transition parcel” means a parcel of land abutting the boundary of a district upon which more restrictive standards are affixed by this title than are affixed for the district where the parcel of land is located. The depth of the parcel shall be no more nor less than 120 feet from the district boundary line.

“Zoning ordinance” means the zoning ordinance of the city. (Ord. 2631 (Exh. A), 2018; Ord. 2607 § 1 (Exh. A), 2017; Ord. 2590 § 2 (Exh. A), 2016; Ord. 2575 § 3 (Exh. B), 2015; Ord. 2548 § 2 (Exh. A), 2014; Ord. 2537 § 2 (Exh. B), 2014; Ord. 2533 § 2 (Exh. A), 2013; Ord. 2439 § 1 (Exh. A), 2009; Ord. 2432 § 1 (Exh. A), 2009; Ord. 2416 § 1 (Exh. A), 2009; Ord. 2415 § 1, 2009; Ord. 2400 § 2, 2008; Ord. 2367 § 4, 2007; Ord. 2330 § 3, 2006; Ord. 2316 § 2 (Exh. A), 2006).