Chapter 19.05 ZONING AND DEVELOPMENT IN GENERAL

Prior legislation: Ord. Nos. 90-43, 90-51, 91-100, 91-105, 91-113, 91-87, 91-92, 94-223, 95-245, 96-269, 96-270, 97-291, 97-295, 97-296, 97-300, 97-307, 99-337, 99-347, 99-348, 99-353, 99-357, 00-363, 01-385, 02-424, 03-443, 04-457, 04-468, 05-506, 06-515, 06-533, 07-545, 07-554 and 07-559.

19.05.005 Definitions.

The definitions in this chapter apply throughout this title unless the context clearly requires otherwise. Terms not defined in this chapter are defined according to FWRC 1.05.020.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.)

19.05.010 A definitions.

“Abandoned” means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner’s use of the property. “Abandoned” includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or foreclosure.

“Abandoned personal wireless service facility” means a WSF that meets the following:

(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or

(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or

(3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or

(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days.

“Accessory” means a use or structure which is subordinate and incidental to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. A structure is only accessory within the meaning of this definition when it has less gross square footage and its height is equal to or less than the height of the principal structure on the subject property, except in the case of accessory dwelling units which may be taller than the primary structure and equal in gross square footage. See FWRC 19.265.010.

“Accessory living facility” means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee’s family, or for the business owner/operator and that person’s family.

“Active uses” means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.

“Adjoining” means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone.

“Administrator,” for the purpose of sign regulations, means the director or his/her designated representative.

“Adult entertainment, activity, retail, or use” shall mean all of the following:

(1) “Adult theater” shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (defined in FWRC 19.05.190) for observation by patrons therein and which excludes minors by virtue of age.

(2) “Adult entertainment” shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize “specified anatomical areas” and/or whose performances or other activities include or mimic “specified sexual activities” (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010.

(3) “Panorama” and “peepshow” shall mean as defined in FWRC 12.10.010.

(4) “Adult retail” shall mean a retail establishment which, for money or any other form of consideration, either:

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

(b) Provides, as its substantial stock-in-trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult-oriented merchandise.

Activities and uses defined as “adult entertainment, activity, retail, or use” are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use.

“Adult family home” means a residential home for which a person is licensed to 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. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080.

“Adult-oriented merchandise” shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate “specified anatomical areas” or “specified sexual activities” (defined in FWRC 19.05.190).

“Agricultural use” means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of “urban agriculture.”

“Air rights” means the right to control the use of the space above the surface of the ground.

“AKART” means “all known, available and reasonable methods of prevention, control and treatment,” and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also “best management practices.”

“Alluvium” means soil deposits transported by surface waters.

Animal Care Facility. See definition of “animal kennel.”

“Animal kennel” means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities.

“Antique” or “collectible” means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise.

“Applicant” means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. “Applicant” includes both the principal and any agent.

“Aquifer” means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring.

“Arcade” means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade.

“Architectural embellishments for sign regulations” means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign.

“Area median income (AMI)” means the Metropolitan Statistical Area median income adjusted for household size as defined by the United States Department of Housing and Urban Development.

“Average building elevation (ABE)” means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured.

“Average slope” means the average grade of land within each land area representing a distinct topographical change.

“Awning” means a nonrigid, roof-like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building.

(Ord. No. 23-963, § 3, 7-5-23; Ord. No. 23-949, § 4, 2-7-23; Ord. No. 22-932, § 6, 5-3-22; Ord. No. 18-850, § 1, 6-5-18; Ord. No. 15-804, § 3, 11-3-15; Ord. No. 13-754, § 3, 12-3-13; Ord. No. 11-700, § 3, 9-20-11; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.1.)

19.05.020 B definitions.

“Backfill” means material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation.

“Balloon” means an inflatable device, generally composed of a thin layer of latex or Mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also “inflatable advertising device.”)

“Best available science” means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925.

“Best management practices (BMPs)” means those practices which provide the best available and reasonable physical, structural, managerial, or behavioral activity to reduce or eliminate pollutant loads and/or concentrations leaving a site.

“Brewery” means an establishment primarily engaged in the production of beer, ale, and/or other malt or brewed beverages, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the brewery, sales, and/or on-site consumption, e.g., a tasting room.

“Buffer” means an area that is contiguous to and protects a critical area that is required for the continued maintenance, functioning, and/or structural stability of a critical area.

“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

“Building segment” means that portion of a terraced building on a sloping site which has a separate roof line or finished floor elevation with a grade change of at least four feet.

“Bulkhead” means a wall or embankment used for retaining earth.

“Business or vocational school” means a post-secondary institution that offers instruction in business principles and practices that will enhance one’s ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computer programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or professional training or continuing education in these or similar fields.

(Ord. No. 18-844, § 3, 3-6-18; Ord. No. 15-797, § 4, 6-16-15; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.2.)

19.05.030 C definitions.

“Canopy” means a permanent, rigid, roof-like structure that projects from a building as a shelter, with no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting building. A “freestanding canopy” is a rigid, roof-like structure providing shelter that is supported by one or more posts embedded in the ground.

Cargo containers. See “outdoor storage containers” and “portable moving containers.”

“Cell-on-wheels (C-O-W)” means a mobile temporary personal wireless service facility.

“Cemetery” means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery.

“Church, synagogue or other place of religious worship” means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses.

“Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods.

“Clearview zone” means the areas around intersections, including the entrance of driveways onto streets, which must be kept clear of sight obstruction. See FWRC 19.135.300.

“College or university” means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields.

“Collocation” means the placement and arrangement of multiple providers’ antennas and equipment on a single support structure or equipment pad area.

“Commercial recreation facility” means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee.

“Commercial use” means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city.

“Commercial vehicle” means any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010, which is typically used principally for the transportation of commodities, vehicles, merchandise, produce, freight, or animals; as well as any bulldozers, backhoes, cranes, or similar construction equipment.

“Commercial zones” means the BN, BC, CC-C and CC-F zoning districts.

“Common space” means an area within a development, which is used primarily by the occupants of that development, such as an entryway, lobby, courtyard, outside dining area, etc.

“Community gardens” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of a group and may include common areas maintained or used by group members. Food grown is typically for community garden members or as a donation. See also the definitions for “agricultural use,” “urban agriculture,” and “farm stand.”

“Community recreation area or clubhouse” means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area.

“Community service event” or “civic event” means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund-raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services.

“Comprehensive plan” means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.

“Contour line” means the interconnection of points having the same height above sea level.

“Convalescent center” means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities.

“Copy” for signs means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

“Cottage food operation” means a business licensed by the state of Washington to make low-risk food products in a home kitchen and sell directly to consumers.

“Cottage housing development (CHD)” means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single-family units and meets the following criteria:

(1) Dwelling units are limited to a maximum square footage; and

(2) Dwelling units are grouped around a common open space; and

(3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Chapter 19.250 FWRC.

“Critical aquifer recharge areas” means areas in which water reaches the zone of saturation by surface infiltration and includes areas hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water.

“Critical root zone” means an area equal to 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground.

“Cross-section (drawing)” means a visual representation of a vertical cut through a structure or any other three-dimensional form.

“Curb cut” means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb.

“Cut” means a portion of land surface or area from which earth has been removed or will be removed by excavation. Also known as excavation.

(Ord. No. 23-968, § 7, 9-5-23; Ord. No. 13-754, § 4, 12-3-13; Ord. No. 12-724, § 3, 6-5-12; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.3.)

19.05.040 D definitions.

“Day care facility, commercial” means the temporary, nonresidential care of persons on a recurring basis. See FWRC Title 19, Division VI, Zoning Regulations.

“Dedication” means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted.

“Deleterious substance” includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials, as defined in this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC.

“Developable site area” means the total area of land available for development of buildings on a parcel, not including portions of property encumbered by land use regulations or other governmental restrictions that would prevent development of a building, such as public utility easements, required yards, critical areas, or buffers.

“Development” means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human-caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. “Development” includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. “Development” also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to any right of public use; and the storage of equipment or materials.

“Development regulation” means controls placed on development or land use, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance.

“Diameter at breast height (dbh)” means the diameter of a tree trunk as measured at four and one-half feet above the ground surface.

“Director” means the director of the department of community development, also known as the department of community development, unless the context indicates otherwise.

“Distillery” means an establishment primarily engaged in the production of distilled spirits, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the distillery, sales, and/or on-site consumption, e.g., a tasting room.

“Domestic animal” means an animal which can be and is customarily kept or raised in a home or on a farm.

“Dredging” means removal of earth and other materials from a body of water, a watercourse, or a wetland.

“Dredging spoils” means the earth and other materials removed from a body of water, a watercourse, or a wetland by dredging.

“Driveway” means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property.

“Dry land” means the area of the subject property landward of the high water line.

“Dwelling unit” means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 13 types of dwelling units:

(1) “Dwelling unit, attached” means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it.

(2) “Dwelling unit, detached” means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use.

(3) “Dwelling unit, efficiency” means a small one-room unit, which includes all living and cooking areas with a separate bathroom.

(4) “Dwelling unit, stacked” means a dwelling unit that has one or more horizontal walls in common with, or attached to, one or more other dwelling units or other uses and may have one or more vertical walls in common with, or adjacent to, one or more other dwelling units or other uses.

(5) “Dwelling unit, multifamily” means a building containing two or more dwelling units, which are either attached or stacked. See definition of “dwelling unit, townhouse.”

(6) “Dwelling unit, senior citizen housing” means housing available for the exclusive occupancy of persons over 55 years of age.

(7) “Dwelling unit, small lot detached” means detached residential dwelling units developed on multifamily-zoned property. Each unit is located on its own fee simple lot. One of the dwelling unit’s sides may rest on a lot line (zero lot line) when certain site development conditions are met.

(8) “Dwelling unit, special needs housing” means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director.

(9) “Dwelling unit, studio” means a one-room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an “efficiency apartment.” Studio apartments can contain a loft.

(10) “Dwelling unit, townhouse” means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

(11) “Dwelling unit, zero lot line townhouse” means attached residential dwelling units with common (or “party”) walls. Each unit is located on a lot in such a manner that one or more of the dwelling’s sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple.

(12) “Dwelling unit, permanent supportive housing and transitional housing” means housing that combines low-barrier affordable housing, health care, and supportive services for individuals and families experiencing homelessness or at imminent risk of homelessness and persons with a disability that presents barriers to employment and housing stability. Permanent supportive housing may prioritize people who need comprehensive support services to retain tenancy and utilize admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no more than two years. Permanent supportive housing is paired with on-site or off-site voluntary services.

(13) “Dwelling unit, accessory dwelling unit (ADU)” means a dwelling unit that is accessory to the primary dwelling unit located on the subject property, and which either:

(a) Is a freestanding detached structure or part thereof; or

(b) Has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit but is separate from the primary dwelling unit either because there is no interior connection between the ADU and primary dwelling unit, or because any interior connection between the ADU and primary dwelling unit is securable by lock from within the ADU.

Notwithstanding the general definition of dwelling unit, factory-built homes, manufactured homes, outdoor storage containers, and similar structures used or designed to be used as living facilities may constitute ADUs regardless of whether such a structure meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145.

(Ord. No. 23-977, § 3, 12-5-23; Ord. No. 23-963, § 4, 7-5-23; Ord. No. 22-932, § 7, 5-3-22; Ord. No. 21-921, § 3, 10-19-21; Ord. No. 20-898, § 8, 10-20-20; Ord. No. 18-844, § 4, 3-6-18; Ord. No. 17-834, § 3, 5-16-17; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.4.)

19.05.050 E definitions.

“Easement” means the right to use the real property of another for a specific purpose.

“Emergency housing and shelter” means any permanent structure that provides temporary shelter or accommodations for individuals or families who are currently homeless or at imminent risk of becoming homeless and may include day and warming centers that do not provide overnight accommodations.

“EMF” means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. This term includes “radio frequency” or “RF radiation.”

“Erosion” means the removal and transport of soils or rock fragments by water, wind, ice, or similar natural forces.

“Essential public facility” is any facility or conveyance that:

(1) Is typically difficult to site due to unusual site requirements and/or significant public opposition;

(2) Is a necessary component of a system, network or program which provides a public service or good;

(3) Is owned or operated by a unit of local or state government, a private or nonprofit organization under contract with a unit of government or receiving government funding, or private firms subject to a public service obligation; and

(4) Meets the following definitions of either a Class I or a Class II essential public facility:

(a) Class I facilities are those facilities of a county, regional or state-wide nature intended to serve a population base that extends significantly beyond the boundaries of the city. Class I facilities may include several local jurisdictions or a significant share of the Puget Sound regional population and may include, but are not limited to, the following:

(i) State or regional education facilities (except minor branch facilities), including: research facilities, university branch campuses, and community colleges;

(ii) State or regional transportation facilities, including: light and/or standard rail lines, commuter terminals, transit centers, and park-and-ride lots in residential zones;

(iii) State or regional correctional facilities;

(iv) Solid waste handling facilities (large scale), including: transfer stations and recycling centers;

(v) Sewage treatment plants;

(vi) Power plants;

(b) Class II facilities are those facilities of a local nature intended to meet the service needs of the local community. Class II facilities are typically characterized by providing some type of in-patient care, assistance, or monitoring and may include, but are not limited to, the following:

(i) Substance abuse facilities;

(ii) Mental health facilities;

(iii) Group homes/special needs housing;

(iv) Local schools, including: elementary schools, middle schools, and high schools.

“Excavate” or “excavation” means the mechanical removal of soils or underlying strata.

“Exposed building face” for sign regulations means the building exterior wall of a single-occupant building or the building exterior wall of an individual tenant’s leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building-mounted signs.

(Ord. No. 21-921, § 4, 10-19-21; Ord. 18-850, § 2, 6-5-18; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.5.)

19.05.060 F definitions.

“Facade” means the entire building front including the parapet.

“Family” means one or more individuals regardless of relatedness living in a residential structure, so long as the individuals are the functional equivalent of a related family. Whether a particular group of individuals living in a residential structure is the functional equivalent of a related family is based on the following criteria:

(1) Whether the individuals act as separate roomers;

(2) Whether the individuals include minor, dependent children regularly residing in the household;

(3) Whether expenses for food, rent or ownership costs, utilities, and other household expenses are shared;

(4) Whether use of furniture and appliances is shared;

(5) Whether the individual’s relationship constitutes a permanent living arrangement, or is instead a framework for transient living;

(6) Whether occupants maintain a stable composition that does not change from year to year, or within the year;

(7) Whether the individuals are part of a society, fraternity, sorority, lodge, organization, or other group of students or other individuals where the common living arrangement or basis for the establishment of the common living arrangement is temporary; and

(8) Whether there are any other factors reasonably related to whether or not the group of individuals is the functional equivalent of a family.

“Family day care” means a business regularly providing care during part of the 24-hour day to 12 or fewer persons, including children and/or adults, and the children, if applicable, of the day care provider, in the family abode of the person or persons under whose direct care those receiving care are placed. Family day care includes family day care homes for children as defined by RCW 35.63.170 and in-home day care for adults. See FWRC 19.105.070.

“Farmers market” means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value-added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food-related products. Additionally, some vendors may sell non-food-related products and services. The majority of products for sale throughout the course of the calendar year shall be food-related products, plants, flowers, and hand crafted arts and crafts products as determined by the number of vendors selling said products. Entertainment and other community activities may also be provided and are typically not considered to be market vendors; however, these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products.

“Farm stand” means a structure accessory to a community garden, urban farm, or cottage food operation for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally produced packaged food products, and similar products grown or produced on the general property on which the stand is located. See the definitions for “community gardens,” “cottage food operation,” and “urban farm.”

“Fast food restaurant” means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms:

(1) Limited menu of easily produced items.

(2) Orders are not taken at the customer’s table.

(3) Food is served in disposable wrappings or containers.

“Fence” means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land.

“Festoons” means a string of ribbons, tinsel, small flags, or pinwheels.

“Fill” means depositions of earth materials by artificial means.

“Fill material” means dirt, rock, gravel, broken concrete, and similar substances used to change the level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on the surface of the ground for gardening, landscaping, or ornamental purposes.

“Finished grade” means the final contour of the land surface prior to landscaping.

“Fish and wildlife habitat conservation areas” means those areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130. These areas include:

(1) Areas where endangered, threatened, and sensitive species have primary association;

(2) Habitats and species of local importance, as determined locally;

(3) Commercial and recreational shellfish areas;

(4) Kelp and eelgrass beds, herring, smelt, and other forage fish spawning areas;

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

(6) Waters of the state;

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

(8) State natural area preserves, natural resource conservation areas, and state wildlife areas.

“Flag” means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration.

“Flag lot” means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right-of-way is the “flag pole” or “access panhandle” part of the lot.

“Floor” means the horizontal surface inside a structure designed and intended for human use and occupancy.

“Floor area” means the total area of a building floor plate in gross square feet.

“Floor area ratio” or “FAR” means the relationship on a parcel between:

(1) The total square footage of all floors, excluding parking areas, in a building or buildings as measured from the interior surface of each exterior wall of each such building; and

(2) The developable site area.

Floor area ratio is determined by dividing the number calculated under the first subsection of this definition by the number calculated under the second subsection of this definition. Floor area ratio for developments where the subject property includes multiple parcels is determined by summing the numbers calculated under the first subsection of this definition for each parcel, and dividing by the sum of the developable site area on the subject property. Refer to FWRC 19.110.025 for calculation of FAR for developments with both residential and nonresidential components and/or mixed-use buildings.

“Frontage of a property” means the length of the property line along any public right-of-way on which it borders. “Frontage of a building” means the length of an outside building wall on a public right-of-way.

(Ord. No. 23-977, § 4, 12-5-23; Ord. No. 22-932, § 8, 5-3-22; Ord. No. 15-797, § 5, 6-16-15; Ord. No. 13-754, § 5, 12-3-13; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.6.)

19.05.070 G definitions.

“Gambling use” means activities regulated by the state which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person’s control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not-for-profit organizations; commercial amusement games; raffles; fund-raising events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery Commission.

“Geologically hazardous areas” means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events require specific studies to determine appropriate buffers or property use. Geologically hazardous areas include the following areas:

(1) “Erosion hazard areas” are those areas identified by the U.S. Department of Agriculture’s Natural Resource Conservation Service as having a moderate to severe or severe to very severe rill and inter-rill erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow; those areas containing the following group of soils when they occur on slopes of 15 percent or greater: Alderwood-Kitsap (“AkF”), Alderwood gravelly sandy loam (“AgD”), Kitsap silt loam (“KpD”), Everett (“EvD”), and Indianola (“InD”); and those areas impacted by shore land and/or stream bank erosion.

(2) “Landslide hazard areas” are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas:

(a) Any area with a combination of:

(i) Slopes greater than 15 percent;

(ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and

(iii) Springs or groundwater seepage.

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

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

(d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding.

(e) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology’s Coastal Zone Atlas.

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

(g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.

(h) Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief.

(3) “Seismic hazard areas” are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table.

“Geotechnical engineer” means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least four years of professional employment as a geotechnical engineer in responsible charge, including experience with landslide evaluation.

“Glare” means the reflection of harsh, bright light as well as the physical effect resulting from high luminances or insufficiently shielded light sources.

“Government facility” means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this title.

“Grading” means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

“Grand opening” means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A “grand opening” does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business.

“Gross floor area” means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.

“Ground floor” means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property.

“Groundwater” means waters that exist beneath the surface of land or beneath the bed of any stream, lake or reservoir, or other body of surface water.

“Groundwater contamination” means the presence of any substance designated by the U.S. Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL).

“Group homes type II” means housing for juveniles under the jurisdiction of the criminal justice system. This definition includes housing for state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or halfway homes for those selected to participate in state-operated work-release and pre-release programs; but excludes full-time detention facilities. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.050 and FWRC Title 19, Division VI, Zoning Regulations.

“Group homes type III” means privately or publicly operated residential facilities for adults under the jurisdiction of the criminal justice system who have entered a pre- or post-charging diversion program, or been selected to participate in state-operated work/training release or other similar programs as provided in Chapters 137-56 and 137-57 WAC. Such groups also include individuals who have been convicted of a violent crime against a person or property, have been convicted of a crime against a person with a sexual motivation, or have been convicted as a sexual or assaultive violent predator. This category also includes “significant impact businesses” as defined in FWRC 12.60.020. This category excludes full-time detention facilities.

“Gymnasium” means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts.

(Ord. No. 15-797, § 6, 6-16-15; Ord. No. 14-771, § 4, 8-12-14; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.7.)

19.05.080 H definitions.

“Hardship” means a current or impending health condition which requires a person to live in close proximity to, and/or share housing with, a caregiver.

“Hazard tree” means any tree which, in the opinion of the city or an expert approved by the city (such as, but not limited to, a professional forester, certified arborist, or landscape architect), poses an unreasonable risk of failure and poses a hazard to a permanent structure or high use outdoor area.

“Hazardous liquid” means petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 CFR Part 195 in effect March 1, 1998; and carbon dioxide.

“Hazardous materials” means any material, either singularly or in combination, that is a physical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged; any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, whether the materials are in usable or waste condition; and petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge.

“Hazardous waste” means all dangerous and extremely hazardous waste as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, including substances composed of both radioactive and hazardous components, and including those solid wastes designated by 40 CFR Part 261, and regulated as hazardous and/or mixed waste by the United States EPA.

“Hazardous waste storage” means the holding of hazardous waste for a temporary period.

“Hazardous waste treatment” means the physical, chemical or biological processing of hazardous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume.

“Health club” means an establishment that provides facilities for aerobic exercise, running and jogging, exercise equipment, game courts, swimming facilities, showers, and lockers. Health clubs may also offer various exercise classes such as aerobics and weight training and include accessory uses such as pro shops selling a variety of sports equipment and clothing, cafes, and saunas.

“Heavy equipment” means high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower.

“Height of a sign” means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.

“Height of structure” means the vertical distance measured from the average building elevation around the building segment to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the ridge of the highest principal gable.

“High density residential zones” means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2, RS 9.6, and comparable zones in other jurisdictions.

“Home occupation” means an occupation, enterprise, activity or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs.

“Horizontal dimension” means the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.

“Hospital” means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities and/or training facilities.

“Hotel” or “motel” means a single building or group of buildings containing individual sleeping units intended for transient occupancy.

(Ord. No. 14-778, § 5, 11-18-14; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.8.)

19.05.090 I definitions.

“Illegal nonconformance” means those uses, developments, or lots that were not legal when they were created or established and do not conform with current zoning regulations. This definition shall be applied to nonconforming lots, uses, and developments as defined in this chapter.

“Improvement” means any structure or manmade feature, including but not limited to buildings, driveways, roads (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities, and planted street trees.

“Industrial-commercial zone” means the CE zoning district.

“Industrial uses” means those uses allowed only in the CE zone as listed in FWRC 19.240.010 through 19.240.040.

“Inflatable advertising device” means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display.

“Ingress/egress and utilities easement” means privately owned land used and legally committed, through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the public. See definition of “vehicular access easement or tract.”

“Inoperable motor vehicle” shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance of 10 feet on level pavement under its own power.

“Institutional uses” mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities.

“Invasive species” include nonnative species of plants or animals that out-compete native species in a specific habitat and that cause or are likely to cause economic or environmental harm or harm to human, animal or plant health. Invasive species include species on the noxious weed list maintained by the King County noxious weed control board. See also “native vegetation” and “nuisance vegetation.”

“Irrevocable license” means a written irrevocable permission given by a property owner to the city for specified purposes.

(Ord. No. 15-804, § 4, 11-3-15; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.9.)

19.05.100 J definitions.

“Junk” means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or appliances or parts of such machinery or appliances, wood, debris, trash, waste, household goods or hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or inoperable motor vehicles or vehicular component parts.

“Junk or junked vehicle” means any vehicle substantially meeting at least three of the following conditions:

(1) Is three years old or older;

(2) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission;

(3) Is apparently inoperable;

(4) Has an approximate fair market value equal only to the approximate value of the scrap in it.

“Junkyard” means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.10.)

19.05.110 K definitions.

Reserved.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.11.)

19.05.120 L definitions.

“Land division” means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development.

“Landscaping” means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation.

“Landward” means toward dry land.

“Legal nonconformance” means those uses, developments, or lots that complied with the zoning regulations at the time the use, development, or lot was created or established, but do not conform with current zoning regulations. This definition shall be applied to legal nonconforming lots, uses, and developments as defined in this chapter.

“Light rail or commuter rail transit facility” means a structure or other improvement of a regional light rail or commuter rail transit system, which includes ventilation structures, traction power substations, utilities serving the regional transit system, transit stations and related passenger amenities, bus layover and inter-modal passenger transfer facilities, parking garages, park and rides, tunnel portals, storage track and support facilities, and transit station access facilities.

“Linear frontage of subject property” means the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, “linear frontage” means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-way.

“Lobby” means a central hall, foyer, or waiting room at the entrance to a building.

“Lot” means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to metes and bounds, or to section, township and range.

“Lot area” means the minimum lot area per dwelling unit based on the underlying zone. For single-family lots, the area of a vehicular access easement, private tract, flagpole, or access panhandle shall not be credited in calculation of minimum lot area.

“Low density use” means a detached dwelling unit on a subject property that contains at least five acres.

“Low density zone” means the following zones: SE and comparable zones in other jurisdictions.

“Low impact development (LID)” means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings.

(Ord. No. 22-930, § 3, 3-1-22; Ord. No. 17-834, § 4, 5-16-17; Ord. No. 15-804, § 5, 11-3-15; Ord. No. 09-630, § 33, 10-20-09; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.12.)

19.05.130 M definitions.

“Maintenance,” for signs, means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign.

“Major transit stop” means a stop on a high capacity transportation system; commuter rail stops; stops on rail or fixed guideway systems, including transitways; stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or stops for a bus or other transit mode providing actual fixed route service at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays.

“Manufactured home” means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976).

“Manufacturing and production” means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories:

(1) “Manufacturing and production, general,” means establishments typically manufacturing and producing for the wholesale market.

(2) “Manufacturing and production, limited,” means retail establishments engaged in the small-scale manufacture, production, and on-site sales of custom goods and products. These uses are distinguished from “manufacturing and production, general,” by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. This category includes uses such as ceramic studios; candle-making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, micro-breweries, and beverage bottlers.

“Maximum lot coverage” means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC 19.110.020 et seq. for further details.

“Mean sea level” means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers.

“Medium density zones” mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions.

“Micro-brewery,” “micro-distillery,” or “micro-winery” means a small-scale “brewery” limited to production of less than 3,750 beer barrels per year (115,000 gallons), small-scale “distillery” limited to production of less than 7,600 nine-liter cases per year (65,000 liters), or small-scale “winery” limited to production of less than 3,000 cases per year (495 gallons), respectively.

“Minor facility” means a wireless communication facility consisting of up to three antennas, each of which is either:

(1) Four feet in height and with an area of not more than 580 inches; or

(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length.

A minor facility includes any associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.

“Mixed-use building” means a building containing two or more different principal permitted uses, as determined by the director, and which occupy separate tenant spaces.

“Mobile food or retail vendor” means an unaffixed food or retail establishment on wheels, primarily selling goods, food or beverages, which is readily moveable either through self-propulsion or via towing by vehicle, and operates on a previously existing improved property. Mobile food or retail vendors do not include mobile or temporary health services. There are the following three types of mobile food or retail vendors:

(1) “Mobile food or retail vendor, Class I” means a mobile food or retail vendor that operates on a particular improved property for no more than a single day each calendar month, and no more than 15 hours during that day.

(2) “Mobile food or retail vendor, Class II” means a mobile food or retail vendor that does not qualify as a Class I mobile food or retail vendor and operates on a particular improved property for no more than 180 days in a calendar year.

(3) “Mobile food or retail vendor, Class III” means a mobile food or retail vendor that operates on a particular improved property but does not otherwise qualify as either a Class I or II mobile food or retail vendor.

“Mobile or temporary health services” means any motor vehicle or nonpermanent structure used to provide health care services.

“Moorage facility” means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft.

“Multiple-story building” means a building containing two or more floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least 33 percent of the ground floor area.

“Multi-tenant complex” means a complex containing two or more uses or businesses.

“Multi-use complex” means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multi-use complex.

“Mural” means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity.

(Ord. No. 23-952 § 3, 3-7-23; Ord. No. 22-932, § 9, 5-3-22; Ord. No. 18-850, § 3, 6-5-18; Ord. No. 18-844, § 5, 3-6-18; Ord. No. 15-797, § 7, 6-16-15; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.13.)

19.05.140 N definitions.

“Native vegetation” includes native, undisturbed areas or rehabilitation of previously disturbed areas that consist of trees, plants, forest litter, and understory indigenous to the Pacific Northwest or near-natives that are suitable for the Pacific Northwest climate. Invasive species, such as Himalayan blackberry or Scotch broom, are not native species.

“Natural features” means physical characteristics of the subject property that are not manmade.

“Natural materials” means materials chemically unaltered from their natural state.

“Natural surveillance” means easy observation of buildings, spaces, and activities by people passing, living, working, or recreating nearby.

“Nonconformance” means any use, development, structure, improvement, lot, condition, activity, or any other feature or element of private or public property, or the use or utilization of private or public property, that does not conform to any of the current provisions of this title.

“Nonconforming development” means any buildings, structures, or improvements which do not conform to the current bulk and dimensional standards and other regulations of the zoning district in which they are located including but not limited to: setbacks, height limits, density, landscaping, off-street parking, other parking requirements, lot coverage, and drainage facilities, including low impact development.

“Nonconforming lot” means any lot which does not conform to the current standards of the zoning district in which it is located.

“Nonconforming use” means any existing use which is currently not permitted in the zoning district in which it is located.

“Nonliving groundcover” means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath.

“Nonmotorized vehicles” includes but is not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers.

“Normal maintenance” includes interior and exterior repairs and incidental alterations.

“Normal maintenance and repair” includes, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. “Incidental alterations” includes, but is not limited to, construction of nonbearing walls or partitions.

“Notice of determination” for sign regulations means the determination that the city issues as to whether a sign conforms to this title and other sections of this Code.

“Nuisance vegetation” shall mean any tree or vegetation that, in the opinion of the city or an expert approved by the city (such as, but not limited to, a professional forester, certified arborist, or landscape architect), is an invasive variety, is an allergen, or due to its location is causing or is likely to cause damage to a permanent structure, or other economic or environmental harm or harm to human, animal, or plant health that cannot be mitigated without removal of the tree or vegetation.

“Nursing home” means the same as “convalescent center.”

(Ord. No. 15-804, § 6, 11-3-15; Ord. No. 10-674, § 3, 10-19-10; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.14.)

19.05.150 O definitions.

“Occupant” means a person that legally occupies a structure or property.

“Office use” means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, and includes, but is not limited to: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of “office”: banks, savings and loan companies and similar financial institutions.

“Office zones” means the PO, OP and CP-1 zoning districts.

“On-site hazardous waste treatment and storage facilities” means facilities which treat and store hazardous wastes generated on the same property or geographically contiguous properties, which may be divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way.

“Open house” means an event held at a specific location, that is open to the public, and where the event holder remains in attendance during the event.

“Open record hearing” means a hearing that creates the city’s record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city’s hearing examiner or the city council. An open record hearing may be held prior to the city’s decision on an application, or as part of an appeal.

“Open space” means an area of land that is valued for natural processes and wildlife, agricultural production, active and/or passive recreation, and/or providing other public benefits. “Open space” may refer to both outdoor and indoor spaces that provide active and/or passive recreational amenities for a development’s occupants or users.

“Open space, active” means usable open space that allows for and encourages recreation with the primary activity or focus requiring physical effort. Active open space includes, but is not limited to, the following:

(1) Paved or unpaved trails.

(2) Boardwalks.

(3) Sports courts.

(4) Swimming pools.

(5) Splash parks.

(6) Skate parks.

(7) Sports fields (marked), not to exceed slopes of two percent.

(8) Playground equipment.

(9) Community gardens.

(10) Dog parks.

(11) Open fields (unmarked), not to exceed slopes of two percent, that are open and unobstructed by trees, large rocks, walls, steep slopes, standing water, pavement, or other potential obstructions that restrict the ability to move easily and spontaneously for the purpose of active recreation. Open fields (unmarked) may only be used to satisfy active open space requirements under this Code if at least two other types of active open space are provided.

Only the footprint of active open space amenities constitutes active open space, such as the area of a paved or unpaved trail, the area of swimming pools and their pool decks, and the immediate area containing playground equipment.

“Open space, common” means open space which is normally utilized by the occupants of a building or property.

“Open space, passive” means usable open space that allows for and encourages recreation with the primary activity or focus not requiring physical effort. Passive open space includes, but is not limited to, the following:

(1) Benches.

(2) Picnic tables.

(3) Wildlife viewing areas.

(4) Rooftop terraces that are usable and accessible to all residents in a development.

(5) Bus waiting areas outside right-of-way.

(6) Courtyards or plazas.

(7) Shelters.

“Open space, private” means open space, the use of which is normally limited to the occupants of a single dwelling.

“Open space, public” means open space owned and maintained by a public agency for the use and enjoyment of the general public.

“Open space, usable” means open space that is appropriate for a variety of active and/or passive recreational activities and is not:

(1) Covered by parking or driving areas.

(2) Covered by any vegetation that impedes access.

(3) On a slope that is too steep for recreational activities.

“Ordinary high water mark” means, on lakes, streams and tidal waters, that mark found by examining the bed, banks, or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be found by mark, the ordinary high water mark shall be the line of mean high tide for salt water and the line of mean high water for fresh water. In any stream where neither mark nor mean high water can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the entire stream feature.

“Outdoor” means not contained within a building.

“Outdoor storage” means any material or item (including vehicles) being stored for or awaiting sale, lease, processing or repair and not enclosed within a building.

“Outdoor storage containers” means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction-related materials; or temporary offices for active construction sites; designed without an axle or wheels; and capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical residential accessory buildings or structures such as garages and storage sheds; garbage and recycling containers; containers mounted on a truck or in some stage of transport; structures used or designed to be used as living facilities; and portable moving containers as defined in this chapter. See FWRC 19.125.180 and 19.125.190.

“Owner” means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property.

(Ord. No. 23-968, § 8, 9-5-23; Ord. No. 23-961, § 3, 7-5-23; Ord. No. 20-898, § 9, 10-20-20; Ord. No. 12-727, § 7, 9-18-12; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 08-583 § 3(Exh. A), 10-21-08. Code 2001 § 22-1.15.)

19.05.160 P definitions.

“Panhandle lot” means flag lot.

“Parking area” means any area designed or used for parking vehicles.

“Parking space” means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use.

“Parking structure” or “structured parking” means a building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles.

Pea Patch Garden. See the definition for “community gardens.”

“Pedestrian oriented” means a street that is designed to encourage pedestrian movement and pedestrian orientation in relationship to buildings.

“Pedestrian walkway” or “pedestrian pathway” means a footpath for pedestrian travel which traverses along or cuts across a block to facilitate pedestrian movement, including public sidewalks and private walkways.

“Personal wireless service facility (PWSF)” and/or “wireless communication facility (WCF)” mean facilities associated with the provision of personal wireless services.

“Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

“Plaza” means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features and furnishings include special paving, landscaping, pedestrian-scale lighting, seating areas, weather protection, water features, art, trash receptacles, and bicycle racks.

“Portable moving containers” means new or used prefabricated units that can be rented by residential or business customers for temporary accessory moving and storage activities, including, but not limited to, such products trademarked as “PODS” (Personal on Demand Storage), “SAM” (Store and Move), and “Door to Door.” Such containers are typically delivered to a site by truck, left on site for a temporary loading period, then retrieved by truck and delivered to another location, which may include a storage facility. See FWRC 19.275.020.

“Preapplication conference” means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to pertinent codes and regulations.

“Primary vehicular access” means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property.

“Principal use” means the primary or predominant use of any lot or parcel.

“Private club” means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business.

“Property line” means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines:

(1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access.

(2) For flag lots, the yard setbacks shall be applied per the following graphic:

(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line.

(4) The side property line is any property line other than a front property line or a rear property line.

“Public park” means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people.

“Public space” means a passive or active recreational area designed specifically for use by the general public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas and available to the public at least 12 hours each weekday. Public on-site open space may be privately owned, but must be permanently set aside and maintained for the use and benefit of the public.

“Public utility” means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis.

“Public works director” means the director of the department of public works of the city.

(Ord. No. 23-977, § 5, 12-5-23; Ord. No. 18-850, § 4, 6-5-18; Ord. No. 17-834, § 5, 5-16-17; Ord. No. 13-754, § 6, 12-3-13; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.16.)

19.05.170 Q definitions.

“Qualified professional” means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and two years of related work experience.

(1) A qualified professional for habitats or wetlands must have a degree in biology and professional experience related to the subject species.

(2) A qualified professional for a geological hazard must be a professional engineer or engineering geologist, licensed in the state of Washington.

(3) A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, geotechnical engineer, or other scientist with experience in hydrogeologic assessments.

“Quasi-public use” means a use owned or operated by a private nonprofit or philanthropic institution that provides cultural, recreational, or similar types of programs and services.

(Ord. No. 15-797, § 8, 6-16-15; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.17.)

19.05.180 R definitions.

“Recreational vehicle” means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot.

“Redevelop or redevelopment project” for the purpose of nonconforming water quality (improvements) means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with the Federal Way Revised Code.

“Registration sticker” for the purpose of sign regulations means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this title and other sections of this Code.

“Regulated lakes” means lakes that are less than 20 acres in size that are not regulated as shorelines of the state. Vegetated areas that are located in and around the margins of regulated lakes shall comply with wetland regulations.

“Relative” means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship.

“Required yard” means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, as prescribed by regulations, and is the minimum required distance between a structure and a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to remain free of structures. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows:

(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth.

(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth.

(3) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards.

“Residential use” means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy.

“Residential zone” means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions.

“Restaurant” or “tavern” means commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises.

“Retail establishment” means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.

“Retail sales, bulk” means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods, involving a high volume of sales of products in a warehouse setting, and may include membership warehouse clubs, i.e., “big box” retail. Bulk retail is differentiated from general retail by any of the following characteristics:

(1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products;

(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and

(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking-to-building ratios.

“Retail sales, general and specialty” means a retail establishment that is not engaged in bulk retail and includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc., typically selling to the general public and is differentiated from bulk retail by the size of the building, size of items purchased, sales volume, and typically does not sell at a discount or in a volume warehouse store.

“Retail shopping center, regional” means a series of unified commercial establishments that provide retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to a state or federal highway, with shared parking facilities, with a combined gross floor area of at least 500,000 square feet, and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s).

“Right-of-way,” in addition to its normal meaning, may include, for purposes of the community design guidelines or sign regulations, land privately owned, used primarily for the movement of vehicles or pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way.

“Right-of-way realignment” means the changing of the horizontal position of the improvements in a right-of-way.

“Roofline” means the line formed by the outside of the gable of the roof or, if the roof is flat or mansard, the top of the roof or mansard.

“Runoff” means the overland or subsurface flow of water.

(Ord. No. 15-804, § 7, 11-3-15; Ord. No. 15-797, § 9, 6-16-15; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-607, § 3(Exh. A-1), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.18.)

19.05.190 S definitions.

“Schools” means institutions of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the state of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature.

“Secondhand merchandise” means used or remanufactured goods and includes used books, records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles.

“Self-service storage facilities” means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage.

“Shared access points” means a common point of vehicle access from a street to more than one lot or use.

“Sight line” means the line of vision from a person to a place or building.

“Sign” means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of:

(1) Providing information or directions; or

(2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign.

Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. The following types of signs are included in the definition of “signs”:

(1) “Abandoned sign” means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days.

(2) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property.

(3) “Animated or moving sign” means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message.

(4) “Awning sign” means a nonelectric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also “marquee sign.”)

Figure 1 – Awning or Canopy Sign

(5) “Banner” means a sign made of any nonrigid material with no enclosing framework.

(6) “Billboard” means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs.

(7) “Building-mounted signs” means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under-canopy signs and projecting signs.

(8) “Cabinet sign” means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination.

Figure 2 – Cabinet Sign

(9) “Canopy sign” means the same as “awning sign.”

(10) “Center identification sign” means a building-mounted or freestanding sign that identifies the name and/or logo of a development con-taining more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants.

(11) “Changeable copy sign” means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a time and temperature sign and not a changeable copy sign.

(12) “Construction sign” means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include “Coming Soon” and “Open During Construction” signs.

(13) “Directional sign, on-site” means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs).

(14) “Electrical sign” means a sign or sign structure in which electrical wiring, connections, or fixtures are used.

(15) “Electronic changeable message sign” means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming.

(16) “Flashing sign” means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination.

(17) “Freestanding sign” means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as “pedestal signs,” “pole signs,” “pylon signs,” and “monument signs.”

Figure 3 – Freestanding Sign

(18) “Fuel price sign” means a sign displaying the price of fuel for motorized vehicles.

(19) “Ground-mounted sign” means a pedestal sign, pole sign, pylon sign, monument sign, or any sign permanently affixed to the ground.

(20) “Government sign” means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message.

(21) “Iconic sign” means a sign containing exclusively commercial messages that, through design and artistic expression unrelated to its message, is culturally significant to the region or community, and will serve a placemaking function either upon completion or with the passage of time.

(22) “Instructional sign” means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs.

(23) “Integral sign” means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information.

(24) “Kiosk” means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information.

(25) “Marquee sign” means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building.

(26) “Menu board” means a permanently mounted sign advertising the bill of fare for a drive-in or drive-through restaurant.

(27) “Monument sign” means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWRC 19.140.170(3)(b), Figure 3.)

(28) “Identification sign” means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

(29) “Identification sign (subdivision)” means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

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

(31) “Incidental sign” means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business).

(32) “Nameplate” means a nonelectric, on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building.

(33) “Neon (outline tubing) sign” means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it.

(34) “Nonconforming sign” means any sign which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this title or any other sections of this Code.

(35) “Obsolete sign” means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs.

(36) “Off-site sign” means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located.

(37) “On-site sign” means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property.

(38) “Pedestal sign” means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 1.)

(39) “Point of purchase display or sign” means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.).

(40) “Pole or pylon signs” means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 2.)

(41) “Political signs” means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum.

(42) “Portable sign” means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic.

(43) “Pre-opening sign” means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., “Coming Soon...,” “Opening Soon...,” etc.).

(44) “Private advertising sign” means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation “garage sale” or “lost animal” signs.

(45) “Private notice sign” means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, “no trespassing” or “beware of dog.”

(46) “Projecting sign” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

Figure 4 – Projecting Sign

(47) “Real estate, on-site sign” means a sign placed on the subject property and announcing the sale or rental of the subject property.

(48) “Roof sign” means any sign erected, constructed, or placed upon, over, or extended above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof.

(49) “Snipe sign” means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility.

(50) “Temporary sign” means a sign not constructed or intended for long-term use.

(51) “Tenant directory sign” means a sign for listing the tenants or occupants and then suite numbers of a building or center.

(52) “Time and temperature sign” means any sign that displays the current time and temperature, without any commercial message.

(53) “Under-canopy sign” means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business.

(54) “Vehicle sign” means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services.

(55) “Wall sign” means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges.

(56) “Warning sign” means any sign which is intended to warn persons of prohibited activities such as “no trespassing,” “no hunting,” and “no dumping.”

(57) “Window sign” means all signs affixed to a window and intended to be viewed from the exterior of the structure.

“Sign area” means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and totaling the square footage of these perimeters.

Figure 5 – Calculating Sign Area

“Sign face” means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed.

“Sign inventory sticker” means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign.

“Sign inventory sticker number” means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign.

“Sign registration” means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as part of a sign inventory.

“Silt” or “sediment” means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water.

“Single-use building” means a building which contains one use.

“Site” means subject property.

“Small animals” means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals.

“Spa” means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, and massage. See also “public bathhouse” in FWRC Title 12.

“Specified anatomical areas” shall mean the following:

(1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or

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

“Specified sexual activities” shall mean any of the following:

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

(2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or

(4) Excretory functions as part of or in connection with any of the activities set forth in this definition.

“State Environmental Policy Act” means Chapter 43.21C RCW.

“Storm drainage” means the movement of water, due to precipitation, either surficially or subsurficially.

“Story” means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story.

“Stream” means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey a natural stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. For the purpose of defining the following categories of streams, “normal rainfall” is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the current water year for King County as recorded at the Seattle-Tacoma International Airport.

(1) Streams shall be classified according to the following criteria:

(a) Type F streams are those streams that are used by fish or have the potential to support fish.

(b) Type Np streams are those streams that are perennial during a year of normal rainfall and do not have the potential to be used by fish. Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best professional judgment of a qualified professional.

(c) Type Ns streams are those streams that are seasonal or ephemeral during a year of normal rainfall and do not have the potential to be used by fish.

(2) For the purposes of this definition, “used by fish” and “potential to support fish” are presumed for:

(a) Streams where naturally reoccurring use by fish has been documented by a government agency; or

(b) Streams that are fish passable, as determined by a qualified professional based on review of stream flow, gradient and natural barriers, and criteria for fish passability established by the Washington Department of Fish and Wildlife.

(3) Ditches are excluded from regulation as streams, unless they are used by fish. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence.

“Streambank stabilization” means treatments used to stabilize and protect banks of streams from erosion.

“Street” means both a public right-of-way and a vehicular access easement or tract.

“Street providing direct vehicle access” means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multi-use complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex.

“Streetscape” means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street-facing building facades.

“Streetscape amenities” means pedestrian-oriented features and furnishings within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural facade treatments, garden space associated with residences, pedestrian-scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and bike racks.

“Structural alteration” means any change in the supporting member of a building or structure.

“Structure” means a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.

“Structured parking” means parking provided on more than one level and within a structure, either above or below grade. Structured parking shall not include a surface parking lot.

“Subject property” means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur.

“Support structure” means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following:

(1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section.

(2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors.

(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad.

(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions.

“Surface parking lot” means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles.

(Ord. No. 23-951, § 3, 3-7-23; Ord. No. 22-932, § 10, 5-3-22; Ord. No. 21-921, § 5, 10-19-21; Ord. No. 20-898, § 10, 10-20-20; Ord. No. 15-797, § 10, 6-16-15; Ord. No. 14-778, § 6, 11-18-14; Ord. No. 12-713, § 3, 1-17-12; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.19.)

19.05.200 T definitions.

“Temporary personal wireless service facility” means a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation.

“Tenant improvement” means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants.

“Threshold determination” means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA).

“Topping” means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay and/or forcing out growth of weakly attached upright sprouts below the cut. Topping also results in permanent alteration of tree architecture. For purposes of this chapter, topping shall be treated the same as tree removal.

“Topsoil” means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation.

“Townhouse” means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition of “dwelling unit, townhouse.”

“Trade school” means a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HVAC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.

“Traffic control devices” means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic.

“Transit station” means an off-street at-grade, under-, or above-street-level rail or light-rail, ferry terminal, bus hub, or bus transfer facility for stopping of transit vehicles to pick up and drop off passengers. A transit station usually has boarding/alighting platforms, waiting area(s), fare collection, information, and related facilities.

“Transparent glass” means windows that are transparent enough to permit a reasonable level of visibility of the activities within a building from nearby streets, sidewalks and public spaces.

“Tree” means any self-supporting perennial woody plant characterized by one main stem or trunk of at least six inches in diameter measured four and one-half feet above ground, or a multi-stemmed trunk system with a definite crown, maturing at a height of at least 20 feet above ground level.

“Tree unit” is a measurement to give value to the number of trees retained on a site. Table 19.120.130-2 assigns tree unit credits based upon the size of the existing or newly planted trees. For new trees, tree units vary depending on the size that the trees will reach at maturity (smaller size at maturity, fewer tree unit credits).

“Trees, deciduous” means trees that shed or lose their foliage at the end of the growing season.

“Trees, evergreen” means trees that retain their leaves for more than one growing season.

(Ord. No. 22-930, § 4, 3-1-22; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.20.)

19.05.210 U definitions.

“Urban agriculture” is an umbrella term encompassing a wide range of activities involving the raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include: community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also the definitions for “agricultural use,” “community gardens,” “cottage food operation,” “farm stand,” and “farmers market.”

“Urban farm” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale.

“Use” means the activities taking place on property or within structures thereon. Each separate listing under the “Use” column in FWRC 19.195.010 through 19.240.170 is a separate use.

(Ord. No. 13-754, § 7, 12-3-13; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.21.)

19.05.220 V definitions.

“Vehicle service station” means a commercial use supplying petroleum products that are for immediate use in a vehicle.

“Vehicle storage area” means an outside area which is used for the storage or display of operational vehicles.

“Vehicular access easement or tract” means privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. See definition of “ingress/egress and utilities easement.”

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.22.)

19.05.230 W definitions.

“Water feature” means a fountain, cascade, stream water, water wall, water sculpture, or reflection pond. The purpose is to serve as a focal point for pedestrian activity.

“Water park” means an amusement park that features water play areas, such as water slides, splash pads, spraygrounds (water playgrounds), lazy rivers, or other recreational bathing, swimming, and barefooting environments. Accessory water features at parks and plazas are not included in the definition of “water park.”

“Waterward” means toward the body of water.

“Well” means a hole or shaft sunk into the earth to tap an underground supply of water.

“Wellfield” means an area containing two or more wells with overlapping zones of contribution that supply a public water system.

“Wellhead” means the top of the shaft of a well or similar water extraction facility from which potable water is extracted.

“Wellhead capture zone” means an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation.

“Wellhead protection area (WHPA)” means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act.

“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands.

“Wholesale trade” means a commercial establishment which sells to retail establishments.

“Winery” means an establishment primarily engaged in the production of wine, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the winery, sales, and/or on-site consumption, e.g., a tasting room.

“Wireless communications facility” or “WCF” means a personal wireless service facility.

(Ord. No. 18-850, § 5, 6-5-18; Ord. No. 18-844, § 6, 3-6-18; Ord. No. 15-797, § 11, 6-16-15; Ord. No. 14-778, § 7, 11-18-14; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.23.)

19.05.240 X definitions.

Reserved.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.24.)

19.05.250 Y definitions.

Reserved.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.25.)

19.05.260 Z definitions.

“Zero lot line” means the location of a building in such a manner that one or more of the building’s sides rest directly on a lot line.

“Zones” means use zones. See FWRC 19.195.010 through 19.240.170.

“Zoning map” means the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries.

(Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09. Code 2001 § 22-1.26.)

19.05.270 Authority.

This title is adopted under the authority of Article XI, Section 11 of the Washington State Constitution and Chapter 35A.63 RCW.

(Ord. No. 90-43, § 2(5.15), 2-27-90. Code 2001 § 22-2.)

19.05.280 Purpose.

The purpose of this title is to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the provisions of this title.

(Ord. No. 90-43, § 2(5.17), 2-27-90. Code 2001 § 22-3.)

19.05.290 Modification of interpretation – Permits unaffected.

Any development or other permit issued by the city will be unaffected by any subsequent change, modification, withdrawal or revision of an interpretation of this title.

(Ord. No. 90-43, § 2(175.70), 2-27-90. Code 2001 § 22-6.)

19.05.300 Variance, permit, decision or discretionary approval.

(1) The city shall enforce the provisions, including any conditions or restrictions, of a variance, permit, decision, or discretionary approval issued under this title as if those provisions are part of this title.

(2) Under the provisions of this section, the city may void any variance, permit, decision or discretionary approval granted or issued under this title.

(3) The city, as the applicant, shall use the same process to determine if a variance, permit, decision or discretionary approval should be voided as it used to grant the variance, permit, decision or discretionary approval.

(4) The city may void a variance, permit, decision, or discretionary approval only if it finds that:

(a) There have been repeated violations of any aspect, including conditions or restrictions, of the variance, permit, decision or discretionary approval; or

(b) The detriment caused by the violations clearly outweighs any public benefit of the variance, permit, decision or discretionary approval.

(5) If the city voids a variance, permit, decision, or discretionary approval, the city will apply and enforce the provisions of this title on the subject property, as if the variance, permit, decision or discretionary approval had never been granted.

(Ord. No. 90-43, § 2(175.50, 175.55), 2-27-90. Code 2001 § 22-7.)

Cross references: Permits and certificates of occupancy, Chapter 19.20 FWRC; variances, Chapter 19.45 FWRC.

19.05.310 Conflict of provisions.

The standards, procedures and requirements of this title are the minimum necessary to promote the health, safety, and welfare of the residents of the city. The city is free to adopt more rigorous or different standards, procedures and requirements whenever this becomes necessary. If the provisions of this title conflict or overlap one with another, or if a provision of this title conflicts or overlaps with the provision of another ordinance of the city, the most restrictive provision or the provision imposing the highest standard prevails.

(Ord. No. 90-43, § 2(175.75), 2-27-90. Code 2001 § 22-8.)

19.05.320 Effective date.

This title, including amendments, applies to every development, use, action or activity commenced or engaged in after February 28, 1990, or the effective date of any amendment.

(Ord. No. 90-43, § 2(5.10), 2-27-90. Code 2001 § 22-9.)

Cross reference: Nonconformances, Chapter 19.30 FWRC.

19.05.330 Easement agreements approved by the city attorney.

In each case where the city requires an applicant to provide a public walkway, public use area, or other area, facility or structure that is open to the public or required under this title, the applicant shall execute an easement or similar document in a form approved by the city attorney. This easement or similar document shall be recorded with the county, at the applicant’s expense and shall run with the property.

(Ord. No. 90-43, § 2(175.80), 2-27-90. Code 2001 § 22-10.)

Cross references: Streets and sidewalks, FWRC Title 4, Division II; drainage program, FWRC Title 16; subdivisions, FWRC Title 18; public improvement assessments, Chapter 18.65 FWRC; improvements, Chapter 19.135 FWRC; environmentally sensitive areas, FWRC Title 19, Division V.

19.05.340 Violation of this title.

(1) Violations. It is unlawful for any person to do or cause any of the following to be done and for a property owner to permit any of the following to be done on his or her property contrary to or in violation of this title:

(a) Construct, in any way alter, or move any improvement.

(b) Engage in any activity.

(d) Conduct any use.

(e) Create any conditions.

It is also unlawful for any person to fail to perform any activity or obligation required by this title.

(Ord. No. 09-597, § 64, 1-6-09; Ord. No. 07-560, § 6, 9-18-07; Ord. No. 99-342, § 5, 5-4-99; Ord. No. 90-43, § 2(175.45), 2-27-90. Code 2001 § 22-11.)

19.05.350 Application of regulations.

Except as otherwise provided in this title:

(1) No building or part thereof or other structure shall be erected, altered, added to, or enlarged, nor shall any land, building, structure, or premises be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in this title as permitted in the district in which such building, land, or premises is located.

(2) No building or part thereof or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit designated in this title for the district in which such building is located.

(3) No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations designated in this title for the district in which such building or open space is located.

(4) In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Where this title imposes a greater restriction than is imposed or required by other rules or regulations or ordinances, the provisions of this title shall control.

(5) Activities and uses defined as “adult entertainment activity or use” are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use.

(Ord. No. 09-593, § 25, 1-6-09. Code 2001 § 22-12.)

19.05.360 Date of issuance of decisions.

Where notice of a decision of the director or the hearing examiner is required to be mailed, the decision is deemed issued three days after the date the decision is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury.

Decisions by the city council made by ordinance or resolution while sitting in a quasi-judicial capacity are deemed issued on the date the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.

(Ord. No. 09-593, § 26, 1-6-09. Code 2001 § 22-13.)

Cross reference: City government, FWRC Title 2.