Chapter 21.90
COMMON DEFINITIONS1

Sections:

21.90.010    Purpose.

21.90.020    Generally.

21.90.030    Definitions.

21.90.010 Purpose.

The following definitions are in addition to definitions found elsewhere in this code. Where conflicts or inconsistencies arise between definitions in this title and those in others, the definitions in this title shall supersede those in other titles. [Ord. 1544 § 1 (Att. A), 2017.]

21.90.020 Generally.

Except where specifically defined in this chapter, all words used in this code shall carry their customary meanings. Words used in the present tense include the future; the plural includes the singular; the word “shall” is always mandatory; the word “may” denotes a use of discretion in making a decision; the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged, or designed to be used or occupied”; “written” includes printed, typewritten, mimeographed or multigraphed; “oath” shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed”; title of office – use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city of Leavenworth; “preceding” and “following” mean next before and next after, respectively. And the words “he” and “she” shall each be considered to mean “he” or “she.” The definition of any word or phrase not listed in these definitions, which is in question when administering this code, shall be defined from one of the following sources. Said sources shall be utilized by seeking the desired definition from source number one, and if it is not available there, then source number two may be used and so on. The sources are as follows:

A. Any city of Leavenworth resolution, ordinance, code, regulation, or formally adopted comprehensive plan, shoreline master plan or program, or other formally adopted land use plan;

B. Any statute or regulation of the state of Washington;

C. Legal definitions from Washington common law or a law dictionary; and

D. The common dictionary. [Ord. 1544 § 1 (Att. A), 2017.]

21.90.030 Definitions.

“Abandoned sign” means any sign and/or sign structure which represents or displays any reference to a business or use which has been discontinued for one year or for which no valid business license is in effect in the city. “Abandoned sign” shall also mean any sign remaining in place after a sign has not been maintained for a period of 60 or more consecutive days after notification of such by the city.

“Abandonment” means the discontinuation of use for a period of one year.

“Administrator” or “city administrator” means the city administrator of the city of Leavenworth or his or her designee.

“Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

“Adult business” means any business which sells, rents, displays, or provides adult stock in trade depicting, describing or relating to specified sexual activities or specified anatomical areas, or engages in or permits specified sexual activities on the premises, and which excludes any person by virtue of age from all or part of the premises.

“Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.

“Adult entertainment” means:

1. Any exhibition, performance, or dance conducted in an adult entertainment facility where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

2. Any exhibition, performance, or dance intended to sexually stimulate any member of the public and conducted in an adult entertainment facility where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition, or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.

“Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater or adult retail store.

“Adult family home” means a dwelling licensed by the state of Washington where personal care, special care, room, and board are provided for more than one but not more than six adults who are not related by blood or a marriage to the person or persons providing the services, per Chapter 70.128 RCW.

“Adult motel” means a hotel, motel, or similar commercial establishment which:

1. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas and that has a sign visible from the public right-of-way that advertises the availability of this type of sexually oriented materials; or

2. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or

3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

“Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

“Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:

1. Books, magazines, periodicals, or other printed materials or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

2. Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

3. For the purpose of this definition, the term “principal business purpose” shall mean the business purpose that constitutes 25 percent or more of the stock in trade of a particular business establishment. The stock in trade of a particular business establishment shall be determined by examining either: (a) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (b) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for nonsexually oriented materials.

“Affordable housing” means residential housing that is rented or owned by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household’s monthly income (WAC 365-196-210).

1. Low-income renter households are defined as households with incomes of 50 percent or less of the county median family income, adjusted for family size (RCW 36.70A.540).

2. Low-income owner households are defined as households with incomes of 80 percent or less of the county median family income, adjusted for family size (RCW 36.70A.540).

“Agency consultation” means consultation with the Washington Department of Fish and Wildlife and/or the U.S. Fish and Wildlife Service for the purpose of making a preliminary determination regarding impacts of a development proposal on fish and wildlife habitat conservation area functions and values. “Agency consultation” does not mean “Endangered Species Section 7 Consultation.”

“Alley” means a public thoroughfare or right-of-way used primarily for utility installation, service or delivery access, or for a secondary means of vehicular access for abutting properties that are adjacent to a street.

“Alteration” means a change, addition, or modification in construction or occupancy, except as otherwise provided for elsewhere in this code.

“Antenna” means a wire or system of wires, rods, poles, or similar devices; or satellite dishes used for the transmission or reception of electromagnetic waves, external to or attached to the exterior of any building.

“Applicant” means the owner or owners of record of the property subject to an application for development approval from the city, or authorized representative of such owner or owners, except in the case of a legislative matter.

“Application” means a request for any land use permit required from the city for proposed development or action, including without limitation building permits, conditional uses, binding site plans, planned developments, subdivisions, variances, site plan reviews, permits or approvals required by critical area ordinances, and site-specific rezones.

“Aquifer” means a water-bearing stratum of permeable rock, sand or gravel.

“Aquifer recharge” means the movement or percolation (usually downward) of surface water through an unsaturated zone of soil or rock into a groundwater body.

“Aquifer recharge area” means an area with a recharging effect on aquifers used for potable water.

“Bakery” means a facility preparing baked goods for retail sales and offering baked goods including pies, doughnuts, cakes and breads for sale to the public.

“Balloon” means a flexible bag designed to be inflated with hot air or with a gas, and a bag shaped like a figure or object when inflated.

“Banks, savings and loan and other financial institutions” means offices and service facilities for banks, savings and loans, credit unions or other financial institutions, including drive-through windows.

“Baroque” means a period as well as a style of art or design that used exaggerated motion and clear, easily interpreted detail to produce drama, tension, exuberance, and grandeur in sculpture, painting, literature, dance, and music. The style started around 1600 in Rome, Italy, and spread to most of Europe. For purposes of this title the term “Baroque” describes art, graphics, or design that represents this style which was characterized between 1575 to 1770 in Bavaria.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year; also known as the “100-year flood.”

“Basement” means any area of the building having its floor sub-grade (below ground level) on all sides.

“Battery charging station” means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

“Battery electric vehicle (BEV)” means any vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries, and produces zero tailpipe emissions or pollution when stationary or operating.

“Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.

“Bavarian Alpine” means that area of land in present day Germany which extends from the Bavarian forest along the Czech Republic border to Garmisch-Partenkirchen on the Austrian border, including the cities of Regensberg and Munich, then extending east along the Austrian border to Berchtesgaden and Passau, but not including the towns on the Tauber River, such as Nuremberg or Rothenberg.

“Bavarian folk art,” also “bauernmalerei” which translates as “peasant painting” (literally “farmer painting”) in German. Bauernmalerei was known throughout central Europe starting in the early 1500s where it took various forms from simple, naive-like decoration to more elaborate painting incorporating Renaissance, Baroque, and Rococo design. Bavarian folk art is a style of art or design which evolved following the end of the feudal system of land ownership and incorporates traditional design elements and colors characterized by stroke work using a round brush to paint natural elements (such as lilies, tulips, roses, daisies, cornflowers, fruit, leaves, and snail shells), mimic hard surfaces (such as wood, stone, and marble), and decorative elements (ornamentation such as scrolling). For purposes of this title, the term “Bavarian folk art” describes a style of art, graphics, or design that represents this style which was characterized during the 1500s to 1700s in Bavaria.

“Bed and breakfast” means temporary lodging whereby the property owners host visitors in their home or accessory dwelling unit.

“Benefit or reimbursement area” means that area which includes parcels of real estate adjacent to or likely to require a connection to improvements made by a developer who has applied to the city for a latecomer reimbursement agreement pursuant to this chapter.

“Best management practices” or “BMPs” mean schedules of activities, prohibitions of practices, maintenance of procedures, and other management practices, to prevent or reduce the pollution of other critical areas. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material storage.

“Binding site plan” means an alternate method of land division under the following circumstances: (A) the division of land into two or more lots, parcels, or tracts located in a commercial or industrial zoning district; (B) the division of land for lease when no other structure other than mobile homes or recreational vehicles are to be placed on the land; and (C) the division of land into lots or tracts when performed in accordance with Chapters 64.32 and 64.34 RCW, and RCW 58.17.040(7), and complying with the provisions contained in Chapter 17.10 LMC.

“Block” means a group of lots, tracts or parcels within well defined and fixed boundaries, conforming to the standards outlined in LMC 17.14.030.

“Board” means the former Leavenworth city board of adjustment. The functions of the board of adjustment have been transferred to the Leavenworth hearing examiner.

“Boardinghouse,” “lodginghouse” or “roominghouse” means a building where lodging, with or without meals, is provided by members occupying such building. This term shall not be construed to include buildings which fit the definition of the term “motel.”

“Boundary line adjustment” means a division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site, and complies with the provisions contained in Chapter 17.04 LMC.

“Buffer” means a vegetated area adjacent to a critical area, retained to reduce impacts from adjacent land uses and protect and maintain critical area functions and values.

“Buildable area” means the portion of a lot remaining after required yards have been provided.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

“Building envelope” means the buildable area of a lot after applicable yards/setbacks, easements, and other restrictions on the lot are taken into account.

“Building face” means the outer surface of any building which is visible from any private or public street, highway or alley. For the purposes of building wall calculations, where multiple walls differ in outer edge plane, the secondary planes, corners, and/or angles shall be incorporated into the primary building elevation, and shall not be calculated independently, or as a secondary building elevation.

“Building height” means the vertical distance measured from the average elevation of the actual or proposed finish grade around the building to the highest point of a flat roof and the mean height between eaves and ridge of a pitched roof.

“Bus and/or taxi stop” means a bus and/or taxi transfer area or facility providing passenger access to routes and adjacent activities.

“Business visit” means an individual trip made for the purpose of conducting business or receiving instruction, or for performing services, or for delivering goods or stock in trade.

“Car wash” means facilities for the washing of passenger cars and light trucks as either a principal use or accessory to fueling stations, convenience stores or similar permitted uses.

“Character” means the aggregate of visible Old World Bavarian Alpine theme architectural features and traits that together form the individual nature of the Old World Bavarian Alpine theme.

“Charging levels” means the standardized indicators of electrical force, or voltage, at which an electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging levels, and include the following specifications:

1. Level 1 is considered slow charging.

2. Level 2 is considered medium charging.

3. Level 3 is considered fast or rapid charging.

“Child day care” means a place which regularly provides childcare during part of the 24-hour day to 12 or fewer children. Such number shall be reduced by the number of permittee’s own children or foster children under 12 years of age who are on the premises.

“City” means the city of Leavenworth, Washington, or the area within the territorial limits of the city of Leavenworth, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

“City council” or “council” means the city council of the city of Leavenworth, Washington. “All its members” or “all council” mean the total number of councilmembers provided by the general laws of the state of Washington.

“City engineer” means the city of Leavenworth engineer or his/her designated representative.

“Classical” means a stylistic period of the art of ancient Greece. The onset of the Persian Wars (480 BC to 448 BC) is taken as the beginning of the Classical period, and the reign of Alexander the Great (336 BC to 323 BC) is taken as the end of the period. For purposes of this title, the term “Classical” describes a style of art, graphics, or design that represents the style used during this time period.

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

Clear-View Triangle. See “Sight distance triangle.”

“Clinic” means a building designed and used for the medical, dental and surgical diagnosis and treatment of outpatients.

“Closed record appeal” means an appeal based on the existing record with no or limited new evidence or information allowed to be submitted and with only appeal argument allowed.

“Cluster subdivision” means a subdivision technique that allows lot sizes to be reduced and buildings sited closer together; provided, that the total densities at the project level do not violate the density limits identified in the comprehensive plan and the applicable zoning district, for the protection of critical areas, to allow for the retention of open space, and to avoid areas with development limitations.

“Commercial” means any activity carried on for a financial gain or a business endeavor.

“Commercial amusement enterprise, high impact” means recreational activities with the potential for excessive noise, traffic or other issues which impact surrounding uses. These activities can include but are not limited to theme parks, equestrian facilities, rodeos, circuses, race tracks, coasters, and archery and gun clubs.

“Commercial amusement enterprise, low impact” means a location where recreation activities take place. These activities can include but are not limited to bowling alley, dance hall, skating rink, tennis club, private swimming club, or similar athletic club, batting cages, BMX courses, paintball and golf driving ranges.

“Community center” means a facility where members of a community may gather for cultural, recreational or social activities.

“Community development director,” “director,” or “development services manager,” or “manager” means the development services manager or director of community development or his or her designee, unless the title or chapter contained in this code refers to the director of another department.

“Community service event” or “civic event” means an event (e.g., festival, parking, fun run and/or meeting) sponsored by or for the benefit of a nonprofit organization.

“Comprehensive plan” means the City of Leavenworth Comprehensive Plan, adopted in 1996, and any subsequent amendments thereto.

“Comprehensive plan amendment” means an amendment or change to the text or maps of the comprehensive plan.

“Computation of time” means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is a Sunday or a legal holiday, that day shall be excluded.

“Conditional use” means a use allowed in one or more zones as defined by the zoning code, but which because of characteristics peculiar to such use, the size, technological processes or equipment, or because of the exact location with reference to surroundings, streets, and existing improvements or demands upon public facilities, requires a special permit in order to provide a particular degree of control to make such uses consistent and compatible with other existing or permissible uses in the same zone and mitigate adverse impacts of the use.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in unit owners, and unless a declaration and a survey map and plans have been recorded in accordance with Chapters 64.32 or 64.34 RCW. Condominiums are not confined to residential units, such as apartments, but also include offices and other types of space in commercial buildings.

“Congregate care facility” or “retirement center” means a residential facility designed for and occupied by at least one person per unit who is able to live independently and without 24-hour supervision; and providing centralized services for the residents including meals, recreation, housekeeping, laundry and transportation.

“Contaminant” means any chemical, physical, biological, or radiological substance present in sufficient quantity that its accidental or intentional release would present a substantial risk to human health or the environment in the concentrations found at the point of compliance.

“Copy and/or printing establishment” means a retail print service, including blueprinting, photostat copies, copier and other business support services.

“Cost of construction” means those costs (excluding interest charges or other financing costs) incurred for design, acquisition for right-of-way and/or easements, construction, labor, materials and installation required in order to create an improvement which complies with city standards, as determined by the city’s engineer or authorized agent.

“County” means the county of Chelan, Washington.

“Critical aquifer recharge areas” or “CARAs” are those areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of water, or is susceptible to reduced recharge.

“Critical areas” means areas of environmentally sensitive areas, including the following areas and ecosystems: (1) wetlands; (2) areas with a critical recharging effect on aquifers used for potable water; (3) fish and wildlife habitat conservation areas; (4) frequently flooded areas; and (5) geologically hazardous areas.

“Critical facility, special flood hazard” means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.

“Cryptocurrency mining” means the operation of specialized computer equipment for the primary purpose of mining one or more blockchain-based cryptocurrencies such as Bitcoin. This activity typically involves the solving of algorithms as part of the development and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-to-peer network. Typical physical characteristics of cryptocurrency mining include specialized computer hardware; high density load (HDL) electricity use; a high energy use intensity (EUI) where the operating square footage as determined by the utility is above 250kWh/ft2/year and with a high load factor in addition to the use of equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers.

“Cul-de-sac” means a short dead-end street having one end intersecting another street and the other end terminating in a vehicular turnaround space.

“Date of decision” means the date on which final action occurs and from which the appeal period is calculated.

“Day care center” means a center for the care of 13 or more children during part of the 24-hour day.

“De minimis impact” means a small or minuscule impact that is demonstrated to be nonharmful to the environment.

“Dedication” means the deliberate appropriation of land by an owner for any general and public use, reserving to the owner no other rights than those which are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.

“Density” means the number of permitted dwelling units allowed on each acre of land or fraction thereof.

“Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.

“Design review board” means the board created by Ordinance 983 (Chapter 2.38 LMC), as amended.

“Deterioration” means the falling from a higher to a lower level in quality and/or character. Building deterioration is typically caused by failure to clean and carry out routine maintenance; inadequate inspecting; and natural aging of the structural elements.

“Developer” means an individual, firm, corporation, limited liability company or partnership who proposes to improve real property within the city or its urban growth area (“UGA”), proposes an action or seeks a permit regulated by LMC Titles 14, 15, 16, 17 or 18, inclusive.

“Development” means any land use permit or action regulated by this code, including but not limited to subdivisions, planned developments, rezones, building permits, design review permits, shoreline permits, conditional use permits, or variances.

“Development code” means the applicable titles of this code, including, but not limited to, zoning ordinances, critical areas ordinances, subdivision ordinances, shoreline master programs, and official controls, together with any amendments thereto.

“Development, special flood hazard” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

“Direct connection” means a service connection, to be owned and maintained by the property owner and not the city, from existing or new utility improvements based on the following criteria:

1. Water system direct connections are single and dual water service taps;

2. Sewer system direct connections include side sewer (service) connections.

“Direct illumination” means illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces.

“Driving surface” means that portion of a street intended for vehicular travel or parking.

“Dwelling, above ground floor” means a single- or multifamily dwelling occupying the second or higher level of a building.

“Dwelling, duplex” or “duplex” means a single building containing two dwelling units, totally separated from each other by an unpierced wall.

“Dwelling, multifamily” or “multifamily dwelling” means a residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided for owner occupancy, rent, or lease on a monthly or longer basis.

“Dwelling, single-family” or “single-family dwelling” means a detached residential dwelling unit, which is site-built, manufactured, modular, or other type of similar construction not including recreation vehicles, travel trailers, or similar structures, designed for and occupied on a monthly or longer basis by one family.

“Dwelling unit” means one or more rooms designed, occupied or intended for occupancy as separate living quarters. A dwelling unit includes a single-family dwelling, a unit in a two-family dwelling/duplex, an apartment or other leased premises leased on a monthly or longer basis, or residential condominium unit. A dwelling unit shall include a detached accessory dwelling unit that is intended for human habitation (i.e., living quarters). Dwelling unit does not include individual hotel/motel guest rooms, condominium timeshare units, cabins, transient accommodations or similar guest accommodations rented to transient guests in a motel, hotel, inn, or similar transient lodging establishment.

“Dwelling unit, accessory” means a second dwelling on the same parcel of land as a single-family dwelling.

“Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance procedures).

“Easement” means a recorded grant or permission given by a property owner to another person, public utility, company, or municipality for a specific use of a portion of his/her property.

“Easement, access” means a private right-of-way which provides vehicular access to a street from no more than three existing or potential lots.

“Eating and drinking establishment” means an establishment designed and constructed to serve food and beverages for consumption on the premises, in an automobile or for carry-out for off-premises consumption and which establishment may or may not have on-premises dining room or counter. Such establishment may include, but is not limited to: restaurant, coffee shop, cafeteria, short-order cafe, tavern, bar, lounge, sandwich stand, soda fountain, catering and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale. Mobile food vendors are excluded from this definition.

“Eave line” means the juncture of the roof and the perimeter wall of the structure.

“Educational centers” means structures and uses that provide educational services, including but not limited to business, technical or trade education.

“Educational facilities” means structures and uses that provide educational instruction from pre-kindergarten to grade 12.

“Effective date” means the date a final decision or action becomes effective.

“Electric scooters and motorcycles” means any two-wheel vehicle that operates exclusively on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces zero emissions or pollution when stationary or operating.

“Electric vehicle (EV)” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (A) a battery electric vehicle; (B) a plug-in hybrid electric vehicle; (C) a neighborhood electric vehicle; and (D) a medium-speed electric vehicle.

“Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with level 1 or level 2 charging equipment is permitted outright as an accessory use to any principal use.

“Electric vehicle charging station – public” means an electric vehicle charging station that is (A) publicly owned and publicly available (e.g., park and ride parking, public library parking lot, on-street parking) or (B) privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots).

“Electric vehicle charging station – restricted” means an electric vehicle charging station that is (A) privately owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (B) publicly owned and restricted (e.g., fleet parking with no access to the general public).

“Electric vehicle infrastructure” means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

“Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

“Erect” means to build, construct, attach, place, affix, raise, assemble, create, paint, draw or in any other way bring into being or establish.

“Erosion hazard areas” are areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils.

“Essential public facilities” means those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020.

“Existing and ongoing forestry activities” means those activities conducted on lands defined in RCW 84.34.020(3) and occurring under regulation of the Forest Practices Act, on lands capable of supporting a merchantable stand of timber and not being actively used for a use which is incompatible with timber growing.

“Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons who are not all related by blood or marriage, living together in a dwelling unit.

“Family entertainment enterprise” means an indoor business where family-oriented recreation activities take place. These activities can include but are not limited to video games, indoor miniature golf, billiard tables, foosball tables, air hockey tables, table tennis, indoor water activities and darts.

“Festival sponsoring group” shall mean a nonprofit group with its home office located within the Cascade School District, and which seeks to sponsor a festival for the purposes of tourism promotion.

“Fill” or “fill material” means a deposit of material placed by human or mechanical means.

“Filling” means the act of placing (by any manner or mechanism) fill material from, to, or on any soil surface, sediment surface or other fill material.

“Final decision” means the final action by the director, hearing examiner or city council.

“Fish and wildlife habitat conservation area” or “FWHCA” means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species.

“Flag” means a fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.

“Flag, business” means a flag or representation of a flag displaying the letters, figures, design, symbol, trademark or device, including artificial representation of stock-in-trade, name, insignia, emblem, logo, product, service, or other graphic representation of a business.

“Flag, government” means an official flag displaying the name, insignia, emblem, or logo of any nation, state, municipality, or similar type of organization.

“Flag lot” means a lot not meeting minimum frontage requirements and where access to the developed street is by a narrow private right-of-way or driveway.

“Flagpole” means a free-standing structure or a structure attached to a building/structure or to the roof of a building/structure and used for the purpose of displaying flags.

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

1. The overflow of inland or tidal waters; and/or

2. The unusual and rapid accumulation of runoff of surface waters from any source.

“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

“Flood Insurance Study (FIS)” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Maps, and the water surface elevation of the base flood.

“Floodplain” means any land area susceptible to being inundated by water during a flood. In connection with the National Flood Insurance Program, the term usually refers to the 100-year floodplain. The term is identical to “flood hazard area.” The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map, for the city of Leavenworth, as amended, shall determine the extent of the floodplain. “Area of special flood hazard” is further defined as the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map, for the city of Leavenworth, as amended, shall determine the extent of the floodway.

“Floor area” means the sum of the gross horizontal area of the floor or floors of all the buildings on a building site, measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and all areas having a ceiling height of seven feet or more; but excluding all parking and loading spaces inside the building, unroofed areas, roofed areas open on two or more sides, areas having a ceiling height of less than seven feet, and basements used exclusively for storage or housing of fixed mechanical equipment or central heating or cooling equipment.

“Food booth” shall mean a temporary structure set up in the public right-of-way, which is used to house a group, either nonprofit or commercial, for the purpose of serving food to the public during a festival.

“Food/grocery store” means an establishment offering a wide variety of comestibles (edible/eatable), beverages and household supplies.

“Foster home” means a home licensed and regulated by the state and classified by the state as a foster home, providing care and guidance for not more than three unrelated juveniles.

“Frequently flooded area” means areas subject to flooding that may present a risk to persons and property.

“Fully shielded fixture” means a light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. A practical working way to determine if a fixture or tube is fully shielded: if the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, or from any angle around the fixture or tube, the fixture or tube is not fully shielded.

“Funeral home” means a facility licensed by the state engaged in preparing human remains for burial. Services may include, but are not limited to, embalming, transport, memorial services, and the sale of caskets.

“Gasoline service station” means buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail and not to include a repair garage or body shop.

“Geological assessment” means an assessment prepared by a qualified professional for geologically hazardous areas, detailing the surface and subsurface conditions of a site and delineating the areas of a property subject to geologic hazards, and meeting the standards specified in Title 16.

“Geologically hazardous areas” means areas susceptible to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

“Geotechnical engineer” is a person with a Washington State license in civil engineering who has at least four years of professional employment as a geotechnical engineer with experience in landslide, erosion and seismic hazards identification and mitigation.

“Geotechnical report” means a report prepared by a qualified professional for geologically hazardous areas that evaluates the site conditions and mitigating measures necessary to ensure that the risks associated with geologic hazards are eliminated on the site proposed to be altered, and meeting the standards specified in Title 16.

“Glare” occurs when a bright light source causes the eye to continually be drawn toward the bright image or brightness of the source prevents the viewer from adequately viewing the intended target. Glare may create a loss of contrast or an afterimage on the retina of the eye reducing overall visibility. Two classifications of glare are discomfort glare and disability glare.

1. “Discomfort glare” does not necessarily keep the viewer from seeing an object, but does cause a constant adaptation of the eye to the contrast of light levels that in turn may cause a sensation of discomfort.

2. “Disability glare” occurs when the bright light source causes stray light to scatter in the eye which causes the primary image on the retina to be obscured. It may prevent the viewer from seeing things of importance.

“Golf course” means an area of land where nine or 18 holes of golf is played. A golf course may, or may not, include putting course and driving range. A golf course does not include miniature golf which is defined as commercial amusement activity.

“Grading” means excavating, filling, clearing, leveling or contouring of the ground surface by human or mechanical means.

“Greenbelt” means an area of vegetation, either native stock or replanted, in public or private ownership.

“Gross area” means, for the purpose of calculating density for Chapter 17.16 LMC, Cluster Subdivision, the total area of the project site; provided, that sloped areas in excess of 40 percent slope and designated critical areas, as identified in Chapter 16.08 LMC, are credited at 50 percent of their area.

“Guest or visitor” means a person who rents a unit within a bed and breakfast, motel, hotel, or lodging room.

“Handling or processing of hazardous substances” means the use, dispensing, wholesaling, retailing, compounding, manufacture, storage, treatment or synthesis of hazardous substances in quantities greater than five gallons in volume per individual container.

“Hazardous waste” means all dangerous and extremely dangerous wastes as defined by WAC 173-303-070 through 173-303-100.

“Hazardous waste facilities, off-site” means hazardous waste treatment and storage facilities that treat and store waste from generators on properties other than those on which the facilities are located.

“Hazardous waste facilities, on-site” means hazardous waste treatment and storage facilities that treat and store waste from generators located on the same property or from geographically contiguous property.

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

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

“Hazardous waste treatment and storage facility, on-site” means storage and treatment facilities which treat and store hazardous wastes generated on the same property.

“Hedge” means a fence or boundary formed by a dense row of shrubs or low trees.

“Height” (of a freestanding sign) means the vertical distance measured from the highest point of the sign structure to the grade of the adjacent street or the surface grade at any point beneath the sign, whichever provides the lowest elevation.

“High impact development” means development that impacts the predevelopment hydrologic regime of urban and developing watersheds.

“Highly erodible land” means those areas defined by the Sodbuster, Conservation Reserve, and Conservation Compliance parts of the Food Security Act of 1985 and the Food, Agriculture, Conservation, and Trade Act of 1990 as “highly erodible land.” Lists of highly erodible and potential highly erodible map units are maintained in the NRCS field office technical guide.

“Home occupation” means a lawful economic enterprise that is conducted or operated within a residential dwelling unit or building accessory to a residential dwelling unit, by the resident occupant or owner, and which use shall be clearly incidental and secondary to the residential use of the dwelling unit. The intent of a home occupation is to establish criteria for operating home occupations in dwelling units within residential districts while maintaining the peace, quiet, and residential character of all residential neighborhoods within the city, and alleviating or limiting excessive noise, excessive traffic, nuisance, fire hazard, and other adverse effects of commercial uses being conducted in residential areas. Furthermore, the intent is to direct uses not maintaining the peace, quiet, and residential character of all residential neighborhoods into the commercial or industrial zoning districts where such activities and operations are accepted.

“Home occupation, Group A” means a home occupation that meets all of the home occupation minimum standards of Chapter 18.20 LMC, as amended, and has no nonresident worker. In addition, limited customers visit the business. Group A home occupation is not visible from outside the home. The business must be conducted in the home by a resident and have no impact on the surrounding neighbors. Examples of Group A home occupation include, but are not limited to: “desk and telephone” occupations, cottage crafts where mail services are used, and a consultant’s office with infrequent customer and/or client visits (maximum of two per month).

“Home occupation, Group B” means a home occupation that meets all of the home occupation minimum standards of Chapter 18.20 LMC, as amended, and has a maximum of one nonresident worker. In addition, customers visit the business. Group B home occupation allows more flexibility, including the potential of impacting the neighbors; therefore, a full administrative review of applications is required. Examples of Group B home occupation include, but are not limited to: hairdressers, music teachers, and a consultant’s office with customer and/or client visits (more frequent than two per month). Transient accommodations and/or lodging are not considered a home occupation and are prohibited within residential zones.

“Hospital” means an establishment whose primary function is to provide sleeping and eating facilities to persons receiving medical or surgical care with nursing service on a continuous basis.

“Hostel” means a type of lodging where guests rent a bed (rather than a room or suite), unusually a bunk bed, in a dormitory with a shared lounge and bathrooms. A hostel may include a shared kitchen space. Hostels are intended to primarily serve backpackers and cycle tourists rather than vehicular travelers.

“Hotel” means a building or portion thereof designed or used for transient rental of more than five units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public or for the operation of the hotel, such as laundry, can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care.

“Hydric soil” means soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part.

“Hydrogeologic evaluation” means a systematic study of geologic and groundwater resources, focusing on near-surface geologic, groundwater, and pollution sensitivity, for the purpose of determining any potential risk to human health, groundwater quality, and the environment.

“Hydrophytic vegetation” means plants that grow in water or in saturated soils that are periodically deficient in oxygen as a result of high water content.

“Indoor events, auditorium” means an enclosed building for indoor sports, theater, concert hall, or other gathering, in which the audience sits.

“Infill development” means development designed to occupy scattered vacant parcels of land which remain after the majority of development has occurred in an area.

“Installed” means attached, or fixed in place, whether or not connected to a power source.

“Irregular lot” means a lot which is shaped in such a way that application of yard setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line.

“Kennel” means a structure or lot on which four or more domestic animals at least four months of age are kept.

“Landslide hazard areas” are areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors.

“Laundry/dry cleaning” means a facility providing machines for the washing and drying of clothes and personal items. This definition does not include an industrial facility providing laundry, dry cleaning, linen supply, and uniforms on a regional basis.

“Law” denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Leavenworth, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

“Light display” means an outdoor visual exhibition designed to dominate surrounding uses by incorporating items such as intense lighting which focuses attention on location.

“Light industry” means industrial uses which are consumer-oriented industry. Such products are produced for end users (and storage) rather than as intermediates for use by other industries. Light industry facilities have less environmental impact than those associated with heavy industry, and may be near residential areas. It is the production of small consumer goods. Examples of light industries include the manufacturing of clothes, shoes, furniture, consumer electronics, assembly, processing, packaging, treatment/fabrication of glass, wood, metal, food, computers, scientific materials and home appliances.

“Light trespass” occurs when neighbors of an illuminated space are affected by the lighting system’s inability to contain light within the area intended. The most common form of light trespass is spill light which illuminates objects beyond the property boundaries.

“Lives on-site” means being present in the dwelling unit where the bed and breakfast rental is being offered, which includes but is not limited to sleeping overnight, preparing and eating meals, entertaining, and engaging in other activities in the dwelling unit that are typically enjoyed by a person in their home.

“LMC” means the Leavenworth Municipal Code, as amended.

“Loading space, off-street” means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

“Local commercial food establishment” shall mean a private, for-profit business located within a permanent structure in the city of Leavenworth for a period of at least one year, which is typically operated for the preparation and delivery of food to the general public.

“Local nonprofit group” shall mean an organization which is recognized by the federal Internal Revenue Service as a not-for-profit organization, and is operated from, or provides services to, residents of the city of Leavenworth.

“Lodging unit” means an individual room or group of interconnected rooms, intended for sleeping, that are for rent or use by a guest, and is individually designated by number, letter, or other means of identification. A lodging unit may or may not include areas for cooking and eating.

“Lot” means a fractional part of divided lands having fixed boundaries or single parcel of land located within a single block, which at the time of application for a building permit is designated by its owner or developer to be used, developed, or built upon as a unit, under single ownership or control being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

“Lot, corner” means a lot abutting on two or more streets, other than an alley, at their intersection.

“Lot coverage” means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members. Decks, balconies, and at-grade patios do not count toward lot coverage; however, roofed areas including, but not limited to, porches, breezeways, and covered walkways shall count toward lot coverage.

“Lot depth” means the average horizontal distance between the front lot line and the rear lot line.

“Lot, interior” means a lot other than a corner lot with only one frontage on a street.

“Lot line, front” means the line separating any lot or parcel of land from a street right-of-way. On a through lot, the line abutting the street providing primary access to the lot or the street address of the lot. On a flag lot, it is the interior lot line most parallel to and nearest the street from which access is obtained.

“Lot line, rear” means a lot line or lines which are opposite and most distant from the front lot line.

“Lot line, side” means any lot line that is not a front or rear lot line.

“Lot of record” means a lot, parcel, or area of land as shown on an officially recorded plat, subdivision, or short subdivision which has been recorded with the Chelan County auditor and was divided in accordance with all applicable development regulations and laws in force at the time of subdivision; or a lot, parcel, or area of land for which a deed or contract was recorded with the Chelan County auditor prior to July 1, 1974, when the parent parcel was divided into four lots or less, or prior to May 23, 1969, when the parent parcel was divided into five lots or more.

“Lot, through” means an interior lot having frontage on two parallel or approximately parallel streets other than alleys.

“Lot width” means the horizontal distance between the side lot lines measured at the front building line.

“Low impact development” refers to a land planning and engineering design approach with a goal of maintaining and enhancing the predevelopment hydrologic regime of urban and developing watersheds. “Low impact development” includes the management of stormwater runoff to emphasize conservation and the use of on-site natural features to protect water quality, typically by using engineered small-scale hydrologic controls to replicate the predevelopment hydrologic regime of watersheds. Also known as “on-site stormwater management.”

“Low wattage” is lighting which is “muted,” diffused and for purposes of this chapter is used primarily for architectural embellishment. This light shall not shine, glare, emit direct illumination, or cast a shadow on the adjacent property.

“Lowest floor, special flood hazard” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the LMC (i.e., provided there are adequate flood ventilation openings).

“Lumen” means the unit used to measure the actual amount of visible light that is produced by a lamp.

“Luminaire” means the complete lighting assembly, including the lamp, housing, shields, lenses and associated electronics, less the support assembly. A light fixture.

“Luminous tube (neon tube)” means a glass tube filled with a gas or gas mixture (including neon, argon, mercury or other gasses), usually of small diameter (10 to 15 millimeters), caused to emit light by the passage of an electric current, and commonly bent into various forms for use as decoration or signs. Does not include common fluorescent tubes.

“Maintained” means not broken, torn or ripped, securely attached or affixed to the supporting structure, clean in appearance, without chipped, faded or peeling paint, or otherwise in a condition a reasonable person would deem in “good condition.”

“Maintenance” means those usual acts to prevent a decline, lapse, or cessation of a legally established condition. Also see “Repair.”

“Major recreational vehicles” includes boats, boat trailers, travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, snowmobiles, motorbikes, and the like.

“Manufactured home, designated” means a manufactured home constructed after June 15, 1976, in accordance with the state and federal requirements for manufactured homes, which:

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

2. Was originally constructed with and now has a composition or wood shake or shingle, coated metal or similar roof of nominal 3:13 pitch; and

3. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built International Building Code (International Construction Code) compliant single-family residences.

“Manufactured home lot” means that area within the manufactured home park that is designated for the private use of the occupants of the lot.

“Manufactured home, new” means any manufactured home required to be titled under RCW Title 46, Motor Vehicles, which has not been previously titled to a retail purchaser, and is not a “used mobile home” as defined in RCW 82.45.032(2), Excise Tax on Real Estate Sales.

“Manufactured home or mobile home” means a structure, designed and constructed to be transportable in one or more sections, and which is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The structure must comply with the National Mobile Home Construction and Safety Standards Act of 1974 as adopted by Chapter 43.22 RCW, State Government – Executive, Department of Labor and Industries, if applicable. Manufactured home does not include a modular home. A structure which met the definition of a “manufactured home” at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable.

“Manufactured home park” means any tract of land that is divided into rental spaces under common ownership for the purpose of locating two or more manufactured homes for residential dwelling purposes.

“Medium charging” means an electrical outlet which is standard for home and public charging and typically operates on a 40-amp to 100-amp breaker on a 208- or 240-volt AC circuit.

“Medium-speed electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 CFR 571.500.

“Mitigation” means taking action to address an impact caused by development or proposed development, in order to reduce or eliminate that impact.

“Mitigation contribution” means a cash donation or other valuable consideration offered by the applicant in lieu of: (1) a required dedication of land for public park, recreation, open space, public facilities, or schools; or (2) road improvements needed to maintain adopted levels of service or to ameliorate identified impacts and accepted on the public’s behalf as a condition of approval of a subdivision, plat or binding site plan. The city may accept voluntary contributions.

“Mobile food vendor” means a transient food business conducting business from a mobile food preparation van, truck, trailer or cart.

“Mobile home, used” means a mobile home which has been previously sold at retail and has been subjected to tax under Chapter 82.08 RCW, Retail Sales Tax, or which has been previously used and has been subjected to tax under Chapter 82.12 RCW, Use Tax, and which has substantially lost its identity as a mobile unit at the time of sale by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe connections with sewer, water, and other utilities.

“Month” means a calendar month.

“Motel” means a building or group of buildings in which lodging is offered to transient guests for compensation and providing parking accommodations for automobiles adjacent to the lodging. This term includes tourist court, motor lodge, auto court, cabin court, motor inn and similar names.

“Mounting height” shall be measured as the vertical distance between the parking surface and the bottom of the lighting fixture.

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

“Natural area preserve” means an area designated as a natural area preserve and managed by the Washington State Department of Natural Resources to protect important ecological resources.

“Natural resource conservation area” means an area designated as a natural resource conservation area and managed by the Washington State Department of Natural Resources to protect one or more outstanding natural resources.

“Neighborhood electric vehicle” means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more than 25 miles per hour and conforms to federal regulations under 49 CFR 571.500.

“New construction, special flood hazard” means structures for which the “start of construction” commenced on or after the effective date of Ordinance No. 1222.

“Non-electric vehicle” means any motor vehicle that does not meet the definition of “electric vehicle.”

“Nonprofit organization” means an organization licensed by the state of Washington pursuant to RCW Title 24.

“Nonresident worker” means an employee or other person who does not reside in the dwelling but who regularly performs services at the dwelling as part of, in pursuit of, or in furtherance of a home occupation.

“Nontransient lodging” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests for periods of at least 30 days or one calendar month, whichever is less, or which is advertised or held out as a place regularly rented to guests for periods of at least 30 days or one calendar month.

“Nursing or convalescent home” means an establishment which provides full-time care for three or more chronically ill or infirm persons. Such care shall not include surgical, obstetrical or acute illness services.

“Office, professional” or “office” means a building or separately defined space within a building occupied by doctors, dentists, accountants, attorneys, optometrists, architects, professional engineers and surveyors, licensed real estate brokers and persons engaged in similar occupations. The use of an office does not include on-premises sales or manufacture of goods.

“Old World Bavarian Alpine theme” means a unifying or dominant design style typified by the Bavarian Alpine region of Europe during the 15th to 17th centuries. For the purposes of this chapter, “Old World Bavarian Alpine” shall mean design which includes Baroque, Rococo, Classical, or Bavarian folk art elements or graphics, or graphics painted or produced in a manner which mimics these styles, and which uses only colors which would have been found during the 15th to 17th centuries in Europe. Such colors shall conform with the examples shown within the Resolution of the Design Review Board No. 1-2011 or as approved by the design review board. This resolution is available for review at no cost at City Hall during normal business hours.

“Open record hearing” means a hearing that creates the record through testimony and submission of evidence and information. An open record hearing may be held on an appeal if no open record hearing has previously been held on the application.

“Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.

“Ordinary high water mark” or “OHWM” means the mark on the shores of all waters, which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation. In any area where the ordinary high water mark cannot be found, the ordinary high water mark shall be the line of mean high water.

“Outdoor light fixture” means an outdoor electrically powered illuminating device, outdoor lighting or reflective surface, lamp, luminous tube and/or similar devices, either permanently installed or portable, which is used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and floodlights for:

1. Buildings and structures;

2. Recreational areas;

3. Parking lot lighting;

4. Landscape and architectural lighting;

5. Billboards and other signs (advertising or other);

6. Street lighting;

7. Product display area lighting;

8. Building overhangs and open canopies;

9. Pedestrian walkways or areas;

10. Building or landscape decoration.

“Owner” or “property owner” means any person who, alone or jointly or severally with others, has title or interest in any land, building and/or structure with or without accompanying actual possession thereof, and includes any person who as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building and/or structure.

“Parking structure/lot” means a surfaced area, either underground or aboveground, permanently reserved for the temporary storage of one or more automobiles.

“Party of record” means any person who has testified at a hearing or has submitted a written statement related to a development action and who provides the city with a complete address.

“Performance bond” or “surety bond” means a binding agreement between the city and a developer or applicant guaranteeing that certain stated work will be accomplished by a specific date.

“Permanent erosion control” means the continuous on-site and off-site control measures that are needed to reasonably control conveyance or deposition of earth, turbidity or pollutants after development, construction or restoration.

“Person” means any individual, firm, corporation, association, partnership, or public entity and their agents or assigns.

“Personal service” means a variety of businesses engaged in providing services to individuals, generally involving the maintenance of the human body, or other services to one’s person or household pets. Such businesses include, but are not limited to, barber and beauty shops, instruction/music studios, photographic studios, tanning parlors, massage practitioners, pet grooming, tutoring, instructional services and activities. This does not include medical offices, kennels, veterinary clinics, schools, or institutions of higher education.

“Pet care center” means an indoor kennel which provides boarding and grooming services.

“Place of worship” means a building or area designated for worship of a religion. These may include a church, convent, monastery, mosque, synagogue or temple.

“Planned action” means a significant development proposal as defined in RCW 43.21C.031, as amended.

“Planned unit development” or “planned development district” means a flexible method of land development which accomplishes the purposes of Chapter 18.40 LMC, as amended.

“Planning commission” means the Leavenworth city planning commission.

“Plat” means a scale drawing of a subdivision showing lots, blocks, streets or tracts or other divisions or dedications of land to be subdivided.

“Plat alteration” means the alteration, re-orientation, and/or reconfiguration of lots, or any portions thereof, within a major subdivision or short subdivision that involves a public dedication, provided there is no increase in the overall number of lots, tracts, or parcels, and provided the provisions of Chapter 17.06 LMC, as amended, are complied with.

“Plat certificate” means a document prepared by a title company that contains information on the subject property to be platted such as ownership, legal description, easements, liens, etc.

“Plat, final” means the final drawing of the subdivision (10 or more lots) and dedication prepared for filing for record with the Chelan County auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and LMC Title 17, as amended.

“Plat, final short” means the final drawing of the short subdivision (nine lots or less) and dedication prepared for filing for record with the Chelan County auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and LMC Title 17, as amended.

“Plat, preliminary” means a neat and approximate scale drawing of a proposed subdivision, showing the existing conditions and the proposed layout of streets, lots, blocks and other information needed to properly review the proposal, as required by Chapter 17.12 LMC, as amended.

“Plat, preliminary short” means a neat and approximate scale drawing of a proposed short subdivision, showing the existing conditions and the proposed layout of streets, lots, blocks and other information needed to properly review the proposal, as required by Chapter 17.08 LMC, as amended.

“Plat vacation” means to render a plat, short plat, or binding site plan inoperative.

“Plug-in hybrid electric vehicle (PHEV)” means an electric vehicle that (A) contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; (B) charges its battery primarily by connecting to the grid or other off-board electrical source; (C) may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and (D) has the ability to travel powered by electricity.

“Preschool,” also known as nursery school, means an educational facility serving children before they begin attending elementary school or kindergarten.

“Primary or principal use” means the predominant use of the land or building to which all other uses are secondary or accessory.

“Private driveway easement” means a driveway that is on private property and is used for access to no more than three lots.

“Project” means a proposal for development.

“Property” includes real and personal property.

“Property, personal” includes, but is not limited to, money, goods, chattels, things in action and evidences of debt.

“Property, real” includes lands, tenements and hereditaments.

“Public facility, high impact” means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to fire station and public works facilities.

“Public facility, low impact” means land or structures owned by or operated for the benefit of the public use and necessity, including but not limited to government or public buildings, such as city hall, law enforcement, post office, library, or museum.

“Public hearing” means an open record hearing at which evidence is presented and testimony is taken.

“Public improvement” means any structure, utility, roadway, or sidewalk for use by the public, required as a condition of development approval.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering to obtain comments from the public or other agencies on an application. A public meeting does not constitute an open record hearing.

“Public utility” means structures and uses associated with utilities, including but not limited to wastewater treatment, domestic wells, water treatment facilities, and power stations.

“Qualified professional” means a person with expertise appropriate to the relevant critical area or areas. WAC 365-195-905(4) states that:

Whether a person is a qualified scientific expert with expertise appropriate to the relevant critical areas is determined by the person’s professional credentials and/or certification, any advanced degrees earned in the pertinent scientific discipline from a recognized university, the number of years of experience in the pertinent scientific discipline, recognized leadership in the discipline of interest, formal training in the specific area of expertise, and field and/or laboratory experience with evidence of the ability to produce peer-reviewed publications or other professional literature. No one factor is determinative in deciding whether a person is a qualified scientific expert. Where pertinent scientific information implicates multiple scientific disciplines, counties and cities are encouraged to consult a team of qualified scientific experts representing the various disciplines to ensure the identification and inclusion of the best available science.

The city of Leavenworth will use the following minimum criteria in determining whether an individual is a qualified professional. The administrator may waive the criteria if he or she finds that, based on the factors listed above, an individual is qualified to ensure that the city upholds its statutory responsibility for including the best available science in the implementation of its critical area regulations.

• A “qualified professional for critical aquifer recharge areas” means a currently licensed Washington State geologist holding a current specialty license in hydrogeology, meeting the qualifications of Chapter 18.220 RCW. Qualified groundwater professionals include licensed hydrogeologists and professional engineer.

• A “qualified professional for fish and wildlife habitat conservation areas” must have a degree in biology or a related academic field with a minimum of two years of professional experience or five years’ professional experience related to the subject species and/or the relevant type of habitat.

• A “qualified professional for frequently flooded areas” must be a hydrologist or engineer licensed in the state of Washington, with a minimum of two years of experience in preparing flood hazard assessments.

• A “qualified professional for geologically hazardous areas” must be a geologist or engineer licensed in the state of Washington, with a minimum of two years of experience analyzing geologic, hydrologic, and groundwater flow systems and preparing reports for the relevant type of hazard.

• A “qualified professional for wetlands” means either a certified professional wetland scientist or has a minimum of two years of professional experience preparing wetland reports delineating wetlands using the federal manual and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans.

“Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. A rapid charging station typically operates on a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment.

“RCW” means the Revised Code of Washington.

“Reader board sign” means a sign face consisting of readily changeable letters allowing frequent changes of copy.

“Recreation, outdoor use” means an area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, tennis courts and swimming pools.

“Recreation, passive” means recreational development generally associated with a low level of human activity and limited construction-related impacts, which may include nature trails, playground equipment and similar uses.

“Recreational facilities” means facilities for recreational uses, including but not limited to swimming pools, athletic clubs, tennis courts, ball fields, play fields, and skate parks.

“Recreational vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use with or without motive power of such size and weight as not to require a special highway movement permit and certified as approved as such by the Department of Labor and Industries by the attachment of their official “Green” seal.

“Recreational vehicle park” means a tract of land under single ownership or control upon which two or more recreational vehicle sites are located, established or maintained for occupancy by the general public as temporary living quarters for recreation or vacation purposes.

“Recreational vehicle site” means a plot of ground within a recreational vehicle park intended for accommodation of a recreational vehicle on a temporary basis.

“Recreational vehicle, special flood hazard” means a vehicle:

1. Built on a single chassis;

2. Four hundred square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck; and

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

“Recycling center” means a building or area maintained, operated, or used for storing, keeping, buying or selling of recyclable products, including newspaper, aluminum, plastic and glass.

“Rehabilitation” means the process of returning property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are Old World Bavarian Alpine theme compliant.

“Repair” means any change that is not construction, addition, demolition, moving, or alteration.

“Resource lands” means lands primarily devoted to commercial forests, commercial agriculture, or containing minerals, as defined in RCW 36.70A.030, as amended.

“Restoration” means the act or process of accurately recovering the form, features, and character of a property and its setting as it appeared at the time of design review board approval, removal of features outside of the Old World Bavarian Alpine theme; and reconstruction of missing features from the design review board approval.

“Retail stores and services” means an establishment where the majority of sales of goods or services (or of both) is for resale and is recognized as retail sales or services in the particular industry.

“RHA, riparian habitat area” means the area adjacent to an aquatic system with flowing water (e.g., rivers, perennial or intermittent streams, seeps, springs) that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other. Riparian habitat areas are designated as priority habitat by the Washington Department of Fish and Wildlife.

“Right-of-way” means land designated for public use for utility, vehicular and/or pedestrian travel or access to adjoining properties.

“Roadway” means that portion of an approved street intended for the accommodation of vehicular traffic, generally between curb lines on an improved surface.

“Rock fall” means a rock or mass of rocks dislodged from a cliff or other steep slope, which moves down a slope under the force of gravity, generally by falling, rolling, sliding, toppling, or bouncing.

“Rock-fall acceleration zone” means a location at the base of a rock-fall source area where the incline is steep enough to accelerate falling debris.

“Rock-fall hazard area” means a location at the base of a slope that is susceptible to rock fall, including the acceleration zone and the runout zone.

“Rock-fall runout zone” means an area of gentler slopes beyond the base of a rock-fall acceleration zone, where boulders roll or bounce.

“Rock-fall source area” means a rock source (such as a cliff, bedrock outcrop or boulder) above a slope steep enough to allow rapid downslope movement of dislodged rocks.

“Rococo,” also referred to as “Late Baroque,” means an 18th-century style of art or design which developed as Baroque artists gave up their symmetry and became increasingly ornate, florid, and playful. Rococo style may be described as more lighthearted than Baroque design and may be abstract and asymmetrical in decoration. For purposes of this title the term “Rococo” describes a style of art, graphics, or design that represents this style which was characterized between 1720 to 1775 in Bavaria.

“Rope lights” means lights which simulate neon lighting and are in an enclosed tube.

“Screen” or “screening” means a continuous fence, hedge, landscaping, or combination which obscures vision through 80 percent or more of the screen area, not including drives or walkways.

“Segregation” means a large parcel, upon which is levied a reimbursement charge, is divided into smaller parcels. The associated charge is divided among the smaller parcels in accordance with the provisions of the original means of allocating the reimbursement charge.

“Seismic hazard area” means an area subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement or subsidence, soil liquefaction, surface faulting, or tsunamis.

“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

“Sexually oriented materials” means any books, magazines, periodicals, or other printed materials or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

“Shall” is mandatory; the word “may” is permissive.

“Shallow flooding” means flooding with an average depth of less than three feet in areas where a clearly defined channel does not exist.

“Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

“Sight distance triangle” means a visually unobstructed triangular area adjacent to intersecting streets and driveways.

“Sign” means a communication device, structure, or fixture located on the exterior of a structure and visible from public rights-of-way or located in the interior of a structure and visible from public rights-of-way which incorporates graphics, symbols, or written copy that is intended to promote the sale of a product, commodity or service, or provide direction or identification for a premises, business, or facility. “Sign” does not include actual unpriced stock in trade on display and available for sale. “Sign” does not include murals, but may be incorporated into a mural. “Sign” includes all structural members and, without limitation, the following types of signs:

1. “Bench sign” means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way. A bench sign does not include those components of a bench which are commemorative or information plaques, not used for commercial purposes.

2. “Billboard sign” means a freestanding sign without the on-site business name and information and/or off-site advertisement.

3. “Business listing sign” means a sign in which the names of the occupants of a building are given and displayed in columns and/or rows.

4. “Commemorative plaque” means a memorial plaque or plate, with engraved or case lettering, which is permanently affixed to or near the structure or object it is intended to commemorate.

5. “Community bulletin board” or “kiosk” means a freestanding structure or wall structure which includes a surface intended for the posting of messages; for example, announce events, sales, or provide information. Such structure shall only be established by the city of Leavenworth.

6. “Construction sign” means any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

7. “Directional sign” means a sign giving directions, instructions or facility information (e.g., parking, exit or entrance signs).

8. “Directory sign” means a sign on which the names and locations of occupants or the use or uses of a building are listed on a building diagram attached to the wall of the building.

9. “Drive-through menu board sign” means a freestanding or wall sign used for establishments to display their menu items and prices. The establishment shall have and maintain provision for automotive drive-through customers in order to be eligible for a drive-through menu board sign.

10. “Existing nonconforming sign” means any sign located within the city limits on the date of adoption or amendment of the ordinance codified in this chapter, which does not conform with the provisions of this chapter, as amended, but which did conform to all applicable laws in effect on the date the sign was erected. Existing nonconforming signs shall not include temporary signs.

11. “Freestanding sign” means a sign, not attached to any building or similar type of structure, which is securely and permanently attached to the ground.

12. “Illuminated sign” means any sign internally illuminated, in any manner, by an artificial light source, including all signs lit with neon tubes, either directly or indirectly. Such illuminated signs include, but are not limited to: television screens, monitors (computer or otherwise sourced), backlit canopies, LED, neon, internally illuminated channel letters, acrylic formed faces and other types of directly or indirectly illuminated signs.

13. “Incidental sign” means a sign, emblem, or decal informing the public of the property address, business hours, facilities or services available on the premises (e.g., open/closed signs, restroom signs and bank card signs).

14. “Integral sign” means any memorial sign, tablet, name or date of erection of a building when cut into any masonry surface or when constructed of bronze or other incombustible material mounted on the face of a building.

15. “Label sign” means a manufacturer’s identification of the manufacturer, nature, ownership, or destination.

16. “Logo sign” means a sign bearing characters, letters, symbols, or characteristic design which, through trademark status or consistent usage, has become the customary identification for a business.

17. “Menu sign” or “menu board sign” means a sign displaying the food products and prices provided by the eating and drinking establishment.

18. “Noncommercial sign” means a sign that bears only property address numbers, postal box numbers or names of occupants of premises.

19. “Off-site sign” means a sign which directs attention to a business, profession, product, activity or service which is not conducted, sold or offered on the premises or at the location where the sign is located.

20. “Pennant” means a long, tapering, usually triangular flag or an emblem similar in shape to a ship’s pennant.

21. “Political election sign” means a temporary sign 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.

22. “Political free speech sign” means a temporary sign expressing an opinion on a public, social, or ballot issue.

23. “Portable sign” means any mobile, movable sign or sign structure, such as a sandwich-board sign (A-frame sign), which is not securely attached to the ground or any other structure.

24. “Private use sign” means a temporary sign announcing an event, use or condition of personal concern, nonbusiness in nature, including, without limitation, “garage sale” or “lost animal” signs.

25. “Projecting sign” means any sign affixed to any building or wall, the leading edge of which extends beyond such building or wall.

26. “Real estate sign” means any sign which is used to offer property for sale, lease or rent.

27. “Residential development sign” means a sign identifying a recognized subdivision, condominium complex or residential development.

28. “Roof sign” means any sign erected or constructed wholly upon and over the roof of any building or structure; provided, however, that a sign on the surface of a canopy shall be regarded as a projecting or wall sign.

29. “Special event sign” means individual temporary booth, tent, or vendor sign allowed for a special event or festival.

30. “Temporary community service event sign” means a sign for the purpose of “community service event” or “civic event.”

31. “Temporary sign” means a sign not constructed or intended for long-term use. For the purposes of this definition, a temporary sign shall not be in place greater than 24 hours, unless specifically allowed a greater duration by this chapter. Temporary signs installed pursuant to this title do not have vested status and cannot become permanent installations.

32. “Trailer sign” means any sign mounted, painted, or attached through some other method on a vehicle normally licensed by the state as a trailer and used for advertising or promotional purposes.

33. “Transient business sign” means any sign used for any person either as principal or agent who sells goods, wares, services or merchandise at a fixed location on private property not within a permanent structure or building. A permanent structure or building is one which rests on a foundation and which substantially complies with the International Building Code and the LMC.

34. “Vehicle sign” means advertisement or graphics intended to advertise business affixed to a vehicle, but does not include license plates, license plate frames or vehicle brand.

35. “Wall sign” means any sign painted on or attached to and erected and confined within the limits of the outside wall of any building and supported by such wall or building and which displays only one advertising surface. Awning, canopy, and window (for the purposes of this definition, the window area is not calculated for temporary “sale” and “special product announcements” signs) signs are considered wall signs for the purposes of this definition. In addition, single-sided signs located parallel to the building wall, in the same building elevation, and separated from the wall are considered wall signs for the purposes of this definition.

36. “Warning sign” means any sign which is intended to warn persons of danger or prohibited activities such as “no trespassing,” “no hunting,” “flammable,” “dangerous dog,” “no parking,” “no dumping” and rules that govern.

“Sign area” means, for regularly shaped signs, the simple area of the sign. For irregularly shaped signs, the area shall be that of the rectangle, triangle or circle (whichever is smaller) or logical outer boundary of a polygon which will wholly contain the sign; provided, that the outer boundary of the polygon does not protrude beyond the sign as determined by the city administrator or his/her designee. The structure supporting a sign shall not be included in determining the area of the sign unless the structure is designed in a way to form an integral background for the display. In the case of a wall mural (see LMC 14.08.040) incorporating commercial wording, the sign area includes only the portion of the mural which contains the wording circumscribed as set forth in this definition. In the case of double sided signs, erected in a manner so that the display surfaces are placed directly back to back to one another, the area of one side is that which is used to calculate the allowed area of a sign, provided the surfaces are identical in size, color and design. In the case of business listing signs, each business sign area shall be calculated separately, and compiled for a total area excluding clearly defined spacing and/or gaps.

“Site development permit” means an application for site preparation of undeveloped land where no building or structure is altered, moved or constructed.

“Site plan” means a scaled drawing which shows the areas and locations of all buildings, streets, roads, improvements, easements, utilities, open spaces, and other principal development features for a specific parcel of property and other information as required by the applicable sections of this code.

“Slope” means an inclined ground surface, the inclination of which is expressed as a ratio (percentage) of vertical distance to horizontal distance by the following formula:

vertical distance

x 100 = % slope

horizontal distance

“Slow charging” means an electrical outlet which is present in homes and businesses and typically operates on a 15- or 20-amp breaker on a 120-volt alternating current (AC) circuit and standard outlet.

“Specified anatomical areas” means and includes any of the following:

1. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

2. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.

“Specified sexual activities” means and includes any of the following:

1. The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

3. Masturbation, actual or simulated; or

4. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition.

“Stacked parking” means the use of a mechanical system, such as a hydraulic lift or automated parking system, to move one or more vehicles in a manner which provides additional parking. The vehicle can be transported vertically (up or down) and horizontally (left and right) to a vacant parking space until the car is needed again.

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

“Stock in trade” or “merchandise” means any item or goods that are kept on hand for sale to customers as part of a business; or that are produced, purchased, processed, finished, or fabricated as part of a home occupation and are intended for resale, or are incorporated into any such item, or are used to make, manufacture, produce, process, finish, or fabricate any such item; provided, that it does not include samples.

“Street” means a public right-of-way which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley.

“Street, developed” means a right-of-way improved to the minimum development standards established by the city.

“Street line” means the right-of-way of a street.

“Street, undeveloped or substandard” means a right-of-way not improved to the minimum development standards established by the city.

“Structure” means anything constructed or erected with a fixed location. Among other things, structures include buildings, mobile homes, flagpoles, towers, tower structures, light displays, homes, walls, fences, billboards, and poster panels.

“Structure, special flood hazard” means a walled and roofed building, including a gas or liquid storage tank that is principally above ground.

“Subdivision code” means LMC Title 17.

“Subdivision, major” means the division or redivision of land into 10 or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, in conformance with Chapter 17.12 LMC.

“Subdivision, short” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, in conformance with Chapter 17.08 LMC.

“Substantial damage, special flood hazard” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial improvement, special flood hazard” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1. Before the improvement or repair is started; or

2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term can exclude: (1) any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

“Suite” means a group of interconnected rooms, intended for sleeping, that are for rent or use by a guest, and individually designated by number, letter, or other means of identification. A suite may or may not include areas for cooking and eating.

“Temporary erosion control” means the on-site or off-site control measures that are needed to reasonably control conveyance or deposition of earth, turbidity or pollutants during development, construction or restoration or until permanent erosion control has been established.

“Temporary food service establishment” means an eating and drinking establishment operating for a temporary period (one day up to six months) in connection with a fair, community event, public exhibition or other similar gatherings in which a special use permit is obtained.

“Temporary lighting” means lighting which does not conform to the provisions of this chapter and which will not be used for more than a temporary period. Temporary lighting is intended for uses which by their nature are of limited duration; e.g., civic events, or construction projects.

“Tenant” and “occupant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

“Terrain classification, special flood hazard” are as follows:

1. “Ordinary terrain” means a cross slope range of zero percent to eight percent;

2. “Rolling terrain” means a cross slope range of eight percent to 15 percent;

3. “Hilly terrain” means a cross slope range of over 15 percent.

“Tiny home dwelling” means residential dwelling that may be built on wheels and is no larger than 400 square feet, including a kitchen, bathroom, and sleeping/living area, and must be built to the Washington State Building Code.

“Tiny home park” means any tract of land that is divided into rental spaces under common ownership for the purpose of locating two or more tiny homes for residential dwelling purposes.

“Total outdoor light output” means the maximum total amount of light, measured in lumens, from all outdoor light fixtures on a project site. Includes all lights and luminous tubing used for all classes of lighting. For lamp types that vary in their output as they age (such as high pressure sodium, metal halide, and fluorescent), the initial output, as defined by the manufacturer, is the value to be considered.

“Tower/tower structure” means a structure taller than its diameter which can stand alone or be attached to a building or other structure, and anything tall and thin approximating the shape of a column or tower.

“Townhouse” means dwelling units which share a vertical wall and may be under separate ownership or parcels of land.

“Transient accommodation and/or lodging” means the rental of any building or portion thereof used for the purpose of providing lodging for periods of less than 30 days.

“Travel trailer” means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet and length not exceeding 31 feet 11 inches.

“Upholstery shop” means a retail service for the upholstery and re-upholstery of furniture.

“Used” or “occupied” includes the words intended, designed, or arranged to be used or occupied.

Vacation (Short-Term) Rental. See “Transient accommodation and/or lodging.”

“Vehicle” means a device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including mopeds, and excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

“WAC” means the Washington Administrative Code.

“Walkway” means a hard surfaced portion of a street, right-of-way, trail, or easement intended for pedestrian use.

“Water and sewer latecomer reimbursement agreements” means a written contract, as approved by the city council and executed by the mayor, between the city and one or more developers providing for construction of water or sewer facilities and for partial reimbursement to the developer(s) by owner(s) of properties benefited by the improvements.

“Water or sewer improvements” means the acquisition of right-of-way and/or easements, design, inspection and installation of improvements to city standards, as defined in RCW 35.91.020 as it now reads or as hereafter amended. They are further defined to include the following:

1. “Water system improvements” includes, without limitation, such things as treatment facilities, mains, reservoirs, wells and appurtenances such as valves, pumping stations and pressure-reducing stations.

2. “Sewer system improvements” includes, without limitation, such things as treatment facilities, mains and maintenance holes, pumping stations, force mains, inlets, catch basins, ditches, and swales. This term also includes all sanitary sewer or storm sewer improvements.

“Watercourse” means the course or route followed by waters draining from the land, formed by nature or man and consisting of a bed, banks, sides, and associated wetlands and headwaters. A watercourse shall receive surface and subsurface drainage waters and shall flow with some regularity (but not necessarily continuously), naturally, and normally, in draining from higher to lower lands. The watercourse shall terminate at the point of discharge into a larger receiving body such as a lake. Watercourses shall include sloughs, streams, creeks, and associated wetlands.

“Wetland” 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 created to mitigate conversion of wetlands.

“Wetland alteration” means activity which includes clearing, grading, draining, filling or other designated wetland system disturbance which results in a decrease or loss of function or value.

“Wireless telecommunications facility” means a facility for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array.

“Yard” or “setback” means an open space on a lot which is unobstructed from the ground upward, and the minimum distances required for buildings and structures to be set back from the property lines, except for the projection of such features as cornices, eaves, gutters, shades and related architectural elements, which may project not more than four feet into a required front or rear yard or two feet into a required side yard in the residential zones and not more than six feet into any required yard in the commercial zones.

“Yard, front” or “setback, front” means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the building.

“Yard, rear” or “setback, rear” means a yard between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the building.

“Yard, side” or “setback, side” means a yard between the front and rear yard measured horizontally at right angles from the side lot line to the nearest point of the building.

“Yard, special” means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term “side yard” nor the term “rear yard” clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

“Youth home” means a state licensed dwelling that supports youth in transition between housing.

“Zero lot line development” means the location of a building in such a manner that any portion of one or more of the building’s walls rests directly on a lot line.

“Zone” or “zoning district” means a defined area of the city within which the use of land is regulated and certain uses permitted and other uses excluded as set forth in LMC Title 18.

“Zoning code” means LMC Title 18.

[Ord. 1627 § 2 (Att. B), 2021; Ord. 1610 § 1 (Att. A), 2020; Ord. 1597 § 1 (Att. B), 2019; Ord. 1588 § 1 (Att. B), 2019; Ord. 1590 § 1 (Exh. A), 2019; Ord. 1585 § 1 (Att. A), 2019; Ord. 1583 § 1 (Att. A), 2019; Ord. 1544 § 1 (Att. A), 2017.]

 


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Prior ordinance history: Ords. 1526, 1503, 1498, 1487, 1467, 1421, 1398, 1268, 1246, 1223, 1205, 1158, 1128, 1121, 1057, 1056, 1039, 993, 857, 852, 840, 839, 807, 754, 720, 659, 551, 531 and 122.